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REPORT 


OF  THE 


//,  S, 

JOINT  COMMITTEE  ON  RECONSTRUCTION, 


AT  THE 


FIRST  SESSION  THIRTY-NINTH  CONGRESS. 


WASHINGTON: 

GOVERNMENT     PRINTING     OFFICE. 

1866. 


IN  THE  SENATE  OF  THE  UNITED  STATES, 

December  5,  1865. 

A  message  from  the  House  of  Representatives,  by  Mr.  McPherson,  its  Clerk : 
The  House  of  Representatives  has  passed  the  following  resolution,  ill  which  it  requests  the 
concurrence  of  the  Senate : 

Resolved  by  the  Senate  and  House  of  Representatives  in  Congress  assembled,  That  a  joint 
committee  of  fifteen  members  shall  be  appointed,  nine  of  whom  shall  be  members  of  the 
House  and  six  members  of  the  Senate,  who  shall  inquire  into  the  condition  of  the  States 
which  formed  the  so-called  Confederate  States  of  America,  and  report  whether  they,  or  any 
of  them,  are  entitled  to  be  represented  in  either  house  of  Congress,  with  leave  to  report  at 
any  time,  by  bill  or  otherwise  ;  and  until  such  report  shall  have  been  made,  and  finally  acted 
on  by  Congress,  no  member  shall  be  received  into  either  house  from  any  of  the  said  so-called 
Confederate  States ;  and  all  papers  relating  to  the  representation  of  said  States  shall  be  re 
ferred  to  the  said  committee  without  debate. 

^ 
DECEMBER  12,  1865. 

The  Senate  proceeded  to  consider  the  resolution  of  the  House  of  Representatives  for  the 
appointment  of  a  joint  committee  of  the  two  houses,  to  consist  of  fifteen  members,  to  inquire 
into  the  condition  of  the  States  which  formed  the  so-called  Confederate  States  of  America ;  and 

The  resolution  was  amended  and  agreed  to,  as  follows  : 

Resolved  by  the  House  of  Representatives,  (the  Senate  concurring,)  That  a  joint  committee 
of  fifteen  members  shall  be  appointed,  nine  of  whom  shall  be  members  of  the  House  and  six 
members  of  the  Senate,  who  shall  inquire  into  the  condition  of  the  States  which  formed 
the  so-called  Confederate  States  of  America,  and  report  whether  they,  or  any  of  them,  are 
entitled  to  be  represented  in  either  house  of  Congress ;  with  leave  to  report  at  any  time,  by 
bill  or  otherwise. 

DECEMBER  13,  1865. 

A  message  from  the  House  of  Representatives,  by  Mr.  McPherson,  its  Clerk : 
The  House  of  Representatives  has  agreed  to  the  amendments  of  the  Senate  to  the  resolu 
tion  of  the  House  for  the  appointment  of  a  joint  committee  to  inquire  into  the  condition  of 
the  States  which  formed  the  so-called  Confederate  States. 

Attest:  J.  W.  FORNEY,  Secretary. 

Committee  on  the  part  of  the  Senate. 

William  P.  Fessenden,  Maine.  Jacob  M.  Howard,  Michigan. 

James  W.  Grimes,  Iowa.  Reverdy  Johnson,  Maryland. 

Ira  Harris,  New  York.  George  H.  Williams,  Oregon. 

Committee  on  the  part  of  the  House  of  Representatives, 

Thaddeus  Stevens,  Pennsylvania.  Roscoe  Conkling,  New  York. 

Ellihu  B.  Washburne,  Illinois.  George  S.  Boutwell,  Massachusetts. 

Justin  S.  Morrill,  Vermont.  Henry  T.  Blow,  Missouri. 

Henry  Grider,  Kentucky.  Andrew  J.  Rogers,  New  Jersey. 
John  A.  Bingham,  Ohio. 


IN  THE  SENATE  OF  THE  UNITED  STATES, 

January  12,  1866. 

Pesohed  by  the  Senate,  (the  House  of  Representatives  concurring,)  That  the  joint  com 
mittee  appointed  to  inquire  into  the  condition  of  the  States  which  formed  the  so-called  Con 
federate  States  be  authorized  to  send  for  persons  and  papers. 

Attest:  J.  W.  FORNEY,  Secretary, 

By  W.  J.  MCDONALD,  Chief  Clerk. 


IV  RECONSTRUCTION. 


IN  THE  HOUSE  OF  REPRESENTATIVES  OF  THE  UNITED  STATES, 

January  16,  186G, 

Resolved,  That  the  House  concur  in  the  foregoing  resolution  of  the  Senate. 

Attest:  EDWARD  McPHERSON,   Clerk. 


IN  THE  HOUSE  OF  REPRESENTATIVES, 

December  14,  1865. 

On  motion  of  Mr.  Wilson, 

Resolved,  That  all  papers  which  may  be  offered  relative  to  the  representation  of  the  late 
so-called  Confederate  States  of  America,  or  either  of  them,  shall  be  referred  to  the  joint  com 
mittee  of  fifteen  without  debate,  and  no  members  shall  be  admitted  from  either  of  said  so- 
called  States  until  Congress  shall  believe  such  States,  or  either  of  them,  entitled  to  repre 
sentation. 

Attest:  EDWARD  McPHERSON,  Clerk. 


IN  THE  SENATE  OF  THE  UNITED  STATES, 

January  22,  1806. 

Resolved,  That,  until  otherwise  ordered,  all  papers  presented  to  the  Senate  relating  to  the 
condition  and  title  to  representation  of  the  so-called  Confederate  States  shall  be  referred  to 
the  joint  committee  upon  that  subject. 

Attest:  J.  W.  FORNEY,  Secretary. 


The  following  joint  resolution  and  bills  were  reported  to  the  Senate  and  House  of  Repre 
sentatives  April  30,  1866,  viz : 

JOINT  RESOLUTION  proposing  an  amendment  to  the  Constitution  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  (two- thirds  of  both  houses  concurring,)  That  the  following  article  be 
proposed  to  the  legislatures  of  the  several  States  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  Avhen  ratified  by  three-fourths  of  said  legislatures,  shall  be  valid  as 
part  of  the  Constitution,  namely : 

ARTICLE  — . 

SECTION  1.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges  or 
immunities  of  citizens  of  the  United  States ;  nor  shall  any  State  deprive  any  person  of  life, 
liberty,  or  property  without  due  process  of  law,  nor  deny  to  any  person  within  its  jurisdic 
tion  the  equal  protection  of  the  laws. 

SECTION  2.  Representatives  shall  be  apportioned  among  the  several  States  which  may  be 
included  within  this  Union,  according  to  their  respective  numbers,  counting  the  whole  num 
ber  of  persons  in  each  State,  excluding  Indians  not  taxed.  But  whenever  in  any  State  the 
elective  franchise  shall  be  denied  to  any  portion  of  its  male  citizens  not  less  than  twenty-one 
years  of  age,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime,  the 
basis  of  representation  in  such  State  shall  be  reduced  in  the  proportion  which  the  number  of 
such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens  not  less  than  twenty- one 
years  of  age. 

SECTION  3.  Until  the  fourth  day  of  July,  in  the  year  one  thousand  eight  hundred  and 
seventy,  all  persons  who  voluntarily  adhered  to  the  late  insurrection,  giving  it  aid  and  com 
fort,  shall  be  excluded  from  the  right  to  vote  for  representatives  in  Congress  and  for  electors 
for  President  and  Vice-President  of  the  United  States. 

SECTION  4.  Neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt  or  obli 
gation  already  incurred,  or  which  may  hereafter  be  incurred,  in  a'id  of  insurrection  or  of  war 
against  the  United  States,  or  any  claim  for  compensation  for  loss  of  involuntary  service  or 
labor. 

SECTION  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation,  the  pro 
visions  of  this  article. 


RESOLUTIONS,    COMMITTEE,   ETC.  V 

A  BILL  to  provide  for  restoring  to  the  States  lately  in  insurrection  their  nil  political  rights. 

Whereas  it  is  expedient  that  the  States  lately  in  insurrection  should,  at  the  earliest  day 
consistent  with  the  future  peace  and  safety  of  the  Union,  be  restored  to  full  participation  in 
all  political  rights;  and  whereas  the  Congress  did,  by  joint  resolution,  propose  for  ratification 
to  the  legislatures  of  the  several  States,  as  an  amendment  to  the  Constitution  of  the  United 
States,  an  article  in  the  following  words,  to  wit : 

"ARTICLE  — . 

"SECTION  1.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States ;  nor  shall  any  State  deprive  any  person  of  life, 
liberty,  or  property,  without  due  process  of  law;  nor  to  deny  to  any  person  within  its  juris 
diction  the  equal  protection  of  the  laws. 

"SECTION  2.  Representatives  shall  be  apportioned  among  the  several  States  which  may 
be  included  within  this  Union,  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed.  But  whenever,  in  any  State, 
the  elective  franchise  shall  be  denied  to  any  portion  of  its  male  citizens  not  less  than  twenty- 
one  years  of  age,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime, 
the  basis  of  representation  in  such  States  shall  be  reduced  in  the  proportion  which  the  num 
ber  of  such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens  not  less  than  twenty- 
one  years  of  age. 

"SECTION  3.  Until  the  fourth  day  of  July,  in  the  year  one  thousand  eight  hundred  and 
seventy,  all  persons  who  voluntarily  adhered  to  the  late  insurrection,  giving  it  aid  and  com 
fort,  shall  be  excluded  from  the  right  to  vote  for  representatives  in  Congress  and  for  electors 
for  President  and  Vice- President  of  the  United  States. 

"SECTION  4.  Neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt  or 
obligation  already  incurred,  or  which  may  hereafter  be  incurred,  in  aid  of  insurrection  or  of 
war  against  the  United  States,  or  any  claim  for  compensation  for  loss  of  involuntary  service 
or  labor. 

"SECTIONS.  The  Congress  shall  have  power  to  enforce  by  appropriate  legislation  the 
provisions  of  this  article:" 

Now,  therefore — 

Be  it  enacted  ly  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  whenever  the  above-recited  amendment  shall  have  become  part 
of  the  Constitution  of  the  United  States,  and  any  State  lately  in  insurrection  shall  have  rati 
fied  the  same,  and  shall  have  modified  its  constitution  and  laws  in  conformity  therewith,  the 
senators  and  representatives  from  such  State,  if  found  duly  elected  and  qualified,  may,  after 
having  taken  the  required  oaths  of  office,  be  admitted  into  Congress  as  such. 

SEC.  2.  And  be  it  further  enacted,  That  when  any  State  lately  in  insurrection  shall  have 
ratified  the  foregoing  amendment  to  the  Constitution,  any  part  of  the  direct  tax  under  the  act 
of  August  five,  eighteen  hundred  and  sixty-one,  which  may  remain  due  and  unpaid  in  such 
State,  may  be  assumed  and  paid  by  such  State ;  and  the  payment  thereof,  upon  proper  assu 
rances  from  such  State  to  be  given  to  the  Secretary  of  the  Treasury  of  the  United  States,  may 
be  postponed  for  a  period  not  exceeding  ten  years  from  and  after  the  passage  of  this  act. 

A  BILL  declaring  certain  persons  ineligible  to  office  under  the  government  of  the  United 

States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  no  person  shall  be  eligible  to  any  office  under  the  government  of 
the  United  States  who  is  included  in  any  of  the  following  classes,  namely: 

First.  The  President  and  Vice-President  of  the  Confederate  States  of  America,  so  called, 
and  the  heads  of  department  thereof. 

Second.  Those  wlio  in  other  countries  acted  as  agents  of  the  Confederate  States  of  America, 
fo  called. 

Third.  Heads  of  departments  of  the  United  States,  officers  of  the  army  and  navy  of  tho 
United  States,  and  all  persons  educated  at  the  Military  or  Naval  Academy  of  the  United 
States,  judges  of  the  courts  of  the  United  States,  and  members  of  either  house  of  the  thirty- 
sixth  Congress  of  the  United  States,  who  gave  aid  or  comfort  to  the  late  rebellion. 

Fourth.  Those  who  acted  as  officers  of  the  Confederate  States  of  America,  so  called,  above 
the  grade  of  colonel  in  the  army  or  master  in  the  navy ;  and  any  one  who,  as  governor  of 
either  of  the  so-called  Confederate  States,  gave  aid  or  comfort  to  the  late  rebellion. 

Fifth.  Those  who  have  treated  officers  or  soldiers  or  sailors  of  the  army  or  navy  of  the 
United  States,  captured  during  the  late  war,  otherwise  than  lawfully  as  prisoners  of  war. 


VI  RECONSTRUCTION. 


The  following  is  the  joint  resolution  proposing  an  amendment  to  the  Constitution  of  tho 
United  States,  as  passed  finally  June  13,  1866  : 

JOINT  RESOLUTION  proposing  an  amendment  to  the  Constitution  of  the  United  States. 

Resohcd  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con 
gress  assembled,  (two-thirds  of  both  houses  concurring,)  That  the  following  article  be  pro 
posed  to  the  legislatures  of  the  several  States  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  when  ratified  by  three-fourths  of  said  legislatures,  shall  be  valid  as 
part  of  the  Constitution,  namely : 

ARTICLE  14. 

SECTION  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the  juris 
diction  thereof,  are  citizens  of  the  United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges  or  immunities  of  citi 
zens  of  the  United  States  ;  nor  shall  any  State  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law,  nor  deny  to  any  person  within  its  jurisdiction  the  equal  protec 
tion  of  the  laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several  States  according  to  their 
respective  numbers,  counting  the  whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice  of  electors  for  President 
and  Vice-President  of  the  United  States,  representatives  in  Congress,  the  executive  and 
judicial  officers  of  a  State,  or  the  members  of  the  legislature  thereof,  is  denied  to  any  of  the 
male  inhabitants  of  such  State,  being  twenty-one  years  of  age,  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime;  the  basis 
of  representation  therein  shall  be  reduced  in  the  proportion  which  the  number  of  such  maid 
citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty-one  years  of  age  in  such 
State. 

SEC.  3.  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector  of  President 
and  Vice-President,  or  hold  any  office,  civil  or  military,  under  the  United  States,  or  under 
any  State,  who,  having  previously  taken  an  oath,  as  a  member  of  Congress,  or  as  an  officer 
of  the  United  States,  or  as  a  member  of  any  State  legislature,  or  as  an  executive  or  judicial 
officer  of  any  State,  to  support  the  Constitution  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by  law,  including 
debts  incurred  for  payment  of  pensions  and  bounties  for  services  in  suppressing  insurrection 
or  rebellion,  shall  not  be  questioned.  But  neither  the  United  States  nor  any  State  shall  as 
sume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave;  but  all  such  debts, 
obligations  and  claims  shall  be  held  illegal  and  void. 

Sue.  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation,  the  provi 
sions  of  this  article. 


KEPORT 

OF  THE 

JOINT  COMMITTEE  ON  RECOISTRUCTION. 


The  Joint  Committee  of  the  two  houses  of  Congress  appointed  under  the  con* 
current  resolution  of  December  13,  1865,  with  direction  '  to  inquire  into  the 
condition  of  the  States  which  formed  the  so-called  Confederate  States  of 
America,  and  report  whether  they  or  any  oftJicm  are  entitled  to  be  represented 
in  either  house  of  Congress,  with  leave  to  report  by  bill  or  otherwise"  ask  leave 
to  report : 

That  they  Lave  attended  to  the  duty  assigned  them  as  assiduously  as  other 
duties  would  permit,  and  now  submit  to  Congress,  as  the  result  of  their  delibera 
tions,  a  resolution  proposing  amendments  to  the  Constitution,  and  two  bills,  of 
which  they  recommend  the  adoption. 

Before  proceeding  to  set  forth  in  detail  their  reasons  for  the  conclusion  to 
which,  after  great  deliberation,  your  committee  have  arrived,  they  beg  leave  to 
advert,  briefly,  to  the  course  of  proceedings  they  found  it  necessary  to  adopt, 
and  to  explain  the  reasons  therefor. 

The  resolution  under  which  your  committee  was  appointed  directed  them  to 
inquire  into  the  condition  of  the  Confederate  States,  and  report  whether  they 
were  entitled  to  representation  in  Congress.  It  is  obvious  that  such  an  investi 
gation,  covering  so  large  an  extent  of  territory  and  involving  so  many  important 
considerations,  must  necessarily  require  no  trifling  labor,  and  consume  a  very 
considerable  amount  of  time.  It  must  embrace  the  condition  in  which  those 
States  were  left  at  the  close  of  the  war ;  the  measures  which  have  been  taken 
towards  the  reorganization  of  civil  government,  and  the  disposition  of  the  people 
towards  the  United  States ;  in  a  word,  their  fitness  to  take  an  active  part  in  the 
administration  of  national  affairs. 

As  to  their  condition  at  the  close  of  the  rebellion,  the  evidence  is  open 
to  all  and  admits  of  no  dispute.  They  were  in  a  state  of  utter  exhaustion. 
Having  protracted  their  struggle  against  federal  authority  until  all  hope 
of  successful  resistance  had  ceased,  and  laid  down  their  arms  only  because 
there  was  no  longer  any  power  to  use  them,  the  people  of  those  States  were 
left  bankrupt  in  their  public  nuances,  and  shorn  of  the  private  wealth  which 
had  before  given  them  power  and  influence.  They  were  also  necessarily  in 
a  state  of  complete  anarchy,  without  governments  and  without  the  power  to 
frame  governments  except  by  the  permission  of  those  who  had  been  successful 
in  the  war.  The  President  of  the  United  States,  in  the  proclamations  under 
which  he  appointed  provisional  governors,  and  in  his  various  communications  to 
them,  has,  in  exact  terms,  recognized  the  fact  that  the^people  of  those  States 
were,  when  the  rebellion  was  crushed,  "  deprived  of  all  civil  government,"  and 
must  proceed  to  organize  anew.  In  his  conversation  with  Mr.  Stearns,  of  Mas- 


VIII  RECONSTRUCTION. 

saclmsetts,  certified  by  himself,  President  Johnson  said,  "the  State  institutions 
are  prostrated,  laid  out  on  the  ground,  and  they  must  be  taken  up  and  adapted 
to  the  progress  of  events.'*  Finding  the  southern  States  in  this  condition,  and 
Congress  having  failed  to  provide  for  the  contingency,  his  duty  was  obvious. 
As  President  of  the  United  States,  he  had  no  power,  except  to  execute  the  laws 
of  the  land  as  Chief  Magistrate.  These  laws  gave  him  no  authority  over  the 
subject  of  reorganization,  but  by  the  Constitution  he  was  commander-in-chief  of 
the  army  and  navy  of  the  United  States.  The  Confederate  States  embraced 
a  portion  of  the  people  of  the  Union  who  had  been  in  a  state  of  revolt,  but  had 
been  reduced  to  obedience  by  force  of  arms.  They  were  in  an  abnormal  condi 
tion,  without  civil  government,  without  commercial  connexions,  without  national 
or  international  relations,  and  subject  only  to  martial  law.  By  withdrawing 
their  representatives  in  Congress,  by  renouncing  the  privilege  of  representation, 
by  organizing  a  separate  government,  and  by  levying  war  against  the  United 
States,  they  destroyed  their  State  constitutions  in  respect  to  the  vital  principle 
which  connected  their  respective  States  with  the  Union  and  secured  their  fed 
eral  relations  ;  and  nothing  of  those  constitutions  was  left  of  which  the  United 
States  were  bound  to  take  notice.  For  four  years  they  had  a  de  facto  govern 
ment,  but  it^vas  usurped  and  illegal.  They  chose  the  tribunal  of  arms  wherein 
to  decide  whether  or  not  it  should  be  legalized,  and  they  were  defeated.  At  the 
close  of  the  rebellion,  therefore,  the  people  of  the  rebellious  States  were  found, 
as  the  President  expresses  it,  "  deprived  of  all  civil  government." 

Uncfer  this  state  of  affairs  it  was  plainly  the  duty  of  the  President  to  enforce 
existing  national  laws,  and  to  establish,  as  far  as  he  could,  such  a  system  of 
government  as  might  be  provided  for  by  existing  national  statutes.  As  Com 
mander-in-chief  of  a  victorious  army,  it  was  his  duty,  under  the  law  of  nations 
and  the  army  regulations,  to  restore  order,  to  preserve  property,  and  to  protect 
the  people  against  violence  from  any  quarter  until  provision  should  be  made  by 
law  for  their  government.  He  might,  as  President,  assemble  Congress  ai:<l 
submit  the  whole  matter  to  the  law-making  power ;  or  he  might  continue  military 
supervision  and  control  until  Congress  should  assemble  on  its  regular  appointed 
day.  Selecting  the  latter  alternative,  he  proceeded,  by  virtue  of  his  power  as 
command er-in-chief,  to  appoint  provisional  governors  over  the  revolted  States. 
These  were  regularly  commissioned,  and  4heir  compensation  was  paid,  as  the 
Secretary  of  War  states,  "  from  the  appropriation  for  army  contingencies,  because 
the  duties  performed  by  the  parties  were  regarded  as  of  a  temporary  character, 
ancillary  to  the  withdrawal  of  military  force,  the  disbandment  of  armies,  and 
the  reduction  of  military  expenditure,  by  provisional  organizations  for  the  pro 
tection  of  civil  rights,  the  preservation  of  peace,  and  to  take  the  place  of 
armed  force  in  the  respective  States."  It  cannot,  we  think,  be  contended  that 
these  governors  possessed,  or  could  exercise,  any  but  military  authority.  They 
had  no  power  to  organize  civil  governments,  nor  to  exercise  any  authority 
except  that  which  inhered  in  their  own  persons  under  their  commissions.  Neither 
had  the  President,  as  commander-in-chief,  any  other  than  military  power. 
But  he  was  in  exclusive  possession  of  the  military  authority.  It  was  for  him 
to  decide  how  far  he  would  exercise  it,  how  far  he  would  relax  it,  when  and  on 
what  terms  he  would  withdraw  it.  He  might  properly  permit  the  people  to  as 
semble,  and  to  initiate  local  governments,  and  to  execute  such  local  laws  as  they 
might  choose  to  frame  not  inconsistent  with,  nor  in  opposition  to,  the  laws  of 
the  United  States.  And,  if  satisfied  that  they  might  safely  be  left  to  them 
selves,  he  might  withdraw  the  military  forces  altogether,  and  leave  the  people 
of  any  or  all  of  these  States  to  govern  themselves  without  his  interference.  In 
the  language  of  the  Secretary  of  State,  in  his  telegram  to  the  provisional  gov 
ernor  of  Georgia,  dated  October  28,  1865,  he  might  "  recognize  the  people  of 
any  State  as  having  resumed  the  relations  of  loyalty  to  the  Union,"  and  act  in  his 
military  capacity  on  this  hypothesis.  All  this  was  within  his  own  discretion,  as 


REPORT   OF   THE    COMMITTEE.  IX 

military  commander.  But  it  was  not  for  him  to  decide  upon  the  nature  or  effect 
of  any  system  of  government  which  the  people  of  these  States  might  see  fit  to  adopt. 
This  power  is  lodged  by  the  Constitution  in  the  Congress  of  the  United  States 
that  branch  of  the  government  in  which  is  vested  the  authority  to  fix  the 
political  relations  of  the  States  to  the  Union,  whose  duty  it  is  to  guarantee  to 
each  State  a  republican  form  of  government,  and  to  protect  each  and  all  of  them 
against  foreign  or  domestic  violence,  and  against  each  other.  We  cannot,  there 
fore,  regard  the  various  acts  of  the  President  in  relation  to  the  formation  of 
local  governments  in  the  insurrectionary  States,  and  the  conditions  imposed  by 
him  upon  their  action,  in  any  other  light  than  as  intimations  to  the  people  that, 
as  commander-in-chief  of  the  army,  he  would  consent  to  withdraw  military  rule 
just  in  proportion  as  they  should,  by  their  acts,  manifest  a  disposition  to  pre 
serve  order  among  themselves,  establish  governments  denoting  loyalty  to  the 
Union,  and  exhibit  a  settled  determination  to  return  to  their  allegiance,  leaving 
with  the  law-making  power  to  fix  the  terms  of  their  final  restoration  to  all  their 
rights  and  privileges  as  States  of  the  Union.  That  this  was  the  view  of  his 
power,  taken  by  the  President  is  evident  from  expressions  to  that  effect  in  the 
communications  of  the  Secretary  of  State  to  the  various  provisional  governors, 
and  the  repeated  declarations  of  the  President  himself.  Any  other  supposition 
inconsistent  with  this  would  impute  to  the  President  designs  of  encroachment 
upon  a  co-ordinate  branch  of  the  government,  which  should  not  be  lightly  at 
tributed  to  the  Chief  Magistrate  of  the  nation. 

When  Congress  assembled  in  December  last  the  people  of  most  of  the  States 
lately  in  rebellion  had,  under  the  advice  of  the  President,  organized  local  govern 
ments,  and  some  of  them  had  acceded  to  the  terms  proposed  by  him.  In  his 
annual  message  he  stated,  in  general  terms,  what  had  been  done,  but  he  did  not 
see  fit  to  communicate  the  details  for  the  information  of  Congress.  While  in 
this  and  in  a  subsequent  message  the  President  urged  the  speedy  restoration 
of  these  States,  and  expressed  the  opinion  that  their  condition  was  such  as  to 
justify  their  restoration,  yet  it  is  quite  obvious  that  Congress  must  either  have 
acted  blindly  on  that  opinion  of  the  President,  or  proceeded  to  obtain  the  informa 
tion  requisite  for  intelligent  action  on  the  subject.  The  impropriety  of  pro 
ceeding  Avholly  on  the  judgment  of  any  one  man,  however  exalted  his  station, 
in  a  matter  involving  the  welfare  of  the  republic  in  all  future  time,  or  of  adopt 
ing  any  plan,  coming  from  any  source,  without  fully  understanding  all  its  bear 
ings  and  comprehending  its  fill  effect,  was  apparent.  The  first  step,  therefore, 
was  to  obtain  the  required  information.  A  call  was  accordingly  made  on  the 
President  for  the  information  in  his  possession  as  to  what  had  been  done,  in 
order  that  Congress  might  judge  for  itself  as  to  the  grounds  of  the  belief  ex 
pressed  by  him  in  the  fitness  of  States  recently  in  rebellion  to  participate  fully 
in  the  conduct  of  national  affairs.  This  information  was  not  immediately  com 
municated.  When  the  response  was  finally  made,  some  six  weeks  after  your 
committee  had  been  in  actual  session,  it  was  found  that  the  evidence  upon  which 
the  President  seemed  to  have  based  his  suggestions  was  incomplete  and  unsatis 
factory.  Authenticated  copies  of  the  new  constitutions  and  ordinances  adopted 
by  the  conventions  in  three  of  the  States  had  been  submitted,  extracts  from 
newspapers  furnished  scanty  information  as  to  the  action  of  one  other  State,  and 
nothing  appears  to  have  been  communicated  as  to  the  remainder.  There  was 
no  evidence  of  the  loyalty  of  those  who  had  participated  in  these  conventions, 
and  in  one  State  alone  was  any  proposition  made  to  submit  the  action  of  the  con 
ventions  to  the  final  judgment  of  the  people. 

Failing  to  obtain  the  desired  information,  and  left  to  grope  for  light  wherever 
it  might  be  found,  your  committee  did  not  deem  it  either  advisable  or  safe  to 
adopt,  without  further  examination,  the  suggestions  of  the  President,  more 
especially  as  he  had  not  deemed  it  expedient  to  remove  the  military  force, 
to  suspend  martial  law,  or  to  restore  the  writ  of  habeas  corpus,  but  still 


X  RECONSTRUCTION. 

thought  it  necessary  to  exercise  over  the;  people  of  the  rebellious  States 
his  military  power  and  jurisdiction.  This  conclusion  derived  still  greater 
force  from  "She  fact,  undisputed,  that  in  all  these  States,  except  Tennessee 
and  perhaps  Arkansas,  the  elections  which  were  held  lor  State  officers  and 
members  of  Congress  had  resulted,  almost  universally,  in  the  defeat,  of  candi 
dates  who  had  been  true  to  the  Union,  and  in  the  election  of  notorious  and  un- 
pardoned  rebels,  men  who  could  not  take  the  prescribed  oath  of  office,  and  who 
made  no  secret  of  their  hostility  to  the  government  and  the  people  of  the  United 
States.  Under  these  circumstances,  anything  like  hasty  action  would  have  been 
as  dangerous  as  it  was  obviously  unwise.  It  appeared  to  your  committee  that 
but  one  course  remained,  viz  :  to  investigate  carefully  and  thoroughly  the  state 
of  feeling  and  opinion  existing  among  the  people  of  these  States  ;  to  ascertain 
how  far  their  pretended  loyalty  could  be  relied  upon,  and  thence  to  infer  whether 
it  would  be  safe  to  admit  them  at  once  to  a  full  participation  in  the  government 
they  had  fought  for  four  years  to  destroy.  It  was  an  equally  important  inquiry 
whether  their  restoration  to  their  former  relations  with  the  United  States  should 
only  be  granted  upon  certain  conditions  and  guarantees  which  would  effectually 
secure  the  nation  against  a  recurrence  of  evils  so  disastrous  as  those  from  which 
it  had  escaped  at  so  enormous  a  sacrifice. 

To  obtain  the  necessary  information  recourse  could  only  be  had  to  the  exam 
ination  of  witnesses  whose  position  had  given  them  the  best  means  of  forming 
an  accurate  judgment,  who  could  state  facts  from  their  own  observation,  and 
whose  character  and  standing  afforded  the  best  evidence  of  their  truthfulness 
and  impartiality.  A  work  like  this,  covering  so  large  an  extent  of  territory, 
and  embracing  such  complicated  and  extensive  inquiries,  necessarily  required 
much  time  and  labor.  To  shorten  the  time  as  much  as  possible,  the  work  was 
divided  and  placed  in  the  hands  of  four  sub- committees,  who  have  been  dili 
gently  employed. in  its  accomplishment.  The  results  of  their  labors  have  been 
heretofore  submitted,  and  the  country  will  judge  how  far  they  sustain  the  Pres 
dent's  views,  and  how  far  they  justify  the  conclusions  to  which  your  committee 
have  finally  arrived. 

A  claim  for  the  immediate  admission  of  senators  and  representatives 
so-called  Confederate  States  has  been  urged,  which  seems  to  your  committee  not 
to  be  founded  either  in  reason  or  in  law,  and  which  cannot  be  passed  without 
comment.  Stated  -in  a  few  words,  it  amounts  to  this :  That  inasmuch  as  the 
lately  insurgent  States  had  no  legal  right  to  separate  themselves  from  the  Union, 
they  still  retain  their  positions  as  States,  and  consequently  the  people  thereof 
have  a  right  to  immediate  representation  in  Congress  without  the  imposition  of 
any  conditions  whatever;  and  further,  that  until  such  admission  Congress  has 
no  right  to  tax  them  for  the  support  of  the  government.  It  has  even  been  con 
tended  that  until  such  admission  all  legislation  affecting  their  interests  is,  if  not 
unconstitutional,  at  least  unjustifiable  and  oppressive. 

It  is  believed  by  your  committee  t\iat  all  these  propositions  are  not  only 
wholly  untenable,  but,  if  admitted,  would  tend  to  the  destruction  of  the  govern 
ment. 

It  must  not  be  forgotten  that  the  people  of  these  States,  without  justification 
or  excuse,  rose  in  insurrection  against  the  United  States.  They  deliberately 
abolished  their  State  governments  so  far  as  the  same  connected  them  politically 
with  the  Union  as  members  thereof  under  the  Constitution.  They  deliberately 
renounced  their  allegiance  to  the  federal  government,  and  proceeded  to  establish 
an  independent  government  for  themselves.  In  the  prosecution  of  this  enter 
prise  they  seized  the  national  forts,  arsenals,  dock-yards,  and  other  public  prop 
erty  within  their  borders,  drove  out  from  among  them  those  who  remained  true 
to  the  Union,  and  In-aped  every  imaginable  insult  and  injury  upon  the  United 
States  and  its  citizens.  Finally,  they  opened  hostilities,  and  levied  war  against 
the  government  They  continued  this  war  for  four  years  with  the  most  deter- 


REPORT   OF   THE    COMMITTEE  XI 

mined  and  malignant  spirit,  killing  in  battle,  and  otherwise,  large  numbers  of 
loyal  people,  destroying  the  property  of  loyal  citizens  on  the  sea  and  on  the 
land,  and  entailing  on  the  government  an  enormous  debt,  incurred  to  sustain  its 
rightful  authority.  Whether  legally  and  constitutionally  or  not,  they  did,  in 
fact,  withdraw  from  the  Union  and  made  themselves  subjects  of  another  govern 
ment  of  their  own  creation.  And  they  only  yielded  when,  after  a  long,  bloody, 
and  wasting  war,  they  were  compelled  by  utter  exhaustion  to  lay  down  their 
arms ;  and  this  they  did,  not  willingly,  but  declaring  that  they  yielded  because 
they  could  no  longer  resist,  affording  no  evidence  whatever  of  repentance  for 
their  crime,  and  expressing  no  regret,  except  that  they  had  no  longer  the  power 
to  continue  the  desperate  struggle. 

It  cannot,  we  think,  be  denied  by  any  one,  having  a  tolerable  acquaintance 
with  public  law,  that  the  war  thus  waged  was  a  civil  war  of  the  greatest 
magnitude.  The  people  waging  it  were  necessarily  subject  to  all  the  rules 
which,  by  the  law  of  nations,  control  a  contest  of  that  character,  and  to  all  the 
legitimate  consequences  following  it.  One  of  those  consequences  was  that, 
within  the  limits  prescribed  by  humanity,  the  conquered  rebels  were  at  the  mercy 
of  the  conquerors.  That  a  government  thus  outraged  had  a  most  perfect  right 
to  exact  indemnity  for  the  injuries  done,  and  security  against  the  recurrence  of 
such  outrages  in  the  future,  would  seem  too  clear  for  dispute.  What  the  nature 
of  that  security  should  be,  what  proof  should  be  required  of  a  return  to  allegi 
ance,  what  time  should  elapse  before  a  people  thus  demoralized  should  be  re 
stored  in  full  to  the  enjoyment  of  political  rights  and  privileges,  are  questions 
for  the  law-making  power  to  decide,  and  that  decision  must  depend  on  grave 
considerations  of  the  public  safety  and  the  general  welfare. 

It  is  moreover  contended,  and  with  apparent  gravity,  that,  from  the  peculiar 
nature  and  character  of  our  government,  no  such  right  on  the  part  of  the 
conqueror  can  exist ;  that  from  the  moment  when  rebellion  lays  down  its  arms 
and  actual  hostilities  cease,  all  political  rights  of  rebellious  communities  are  at  once 
restored;  that,  because  the  people  of  a  State  of  the  Union  were  once  an  organ 
ized  community  within  the  Union,  they  necessarily  so  remain,  and  their  right  to 
be  represented  in  Congress  at  any  and  all  times,  and  to  participate  in  the  gov 
ernment  of  the  country  under  all  circumstances,  admits  of  neither  question  nor 
dispute.  If  this  is  indeed  true,  then  is  the  government  of  the  United  States 
powerless  for  its  own  protection,  and  flagrant  rebellion,  carried  to  the  ej&rcme 
of  civil  war,  is  a  pastime  which  any  State  may  play  at,  not  only  certain  that  it 
can  lose  nothing  in  any  event,  but  may  even  be  the  gainer  by  defeat.  If  re 
bellion  succeeds,  it  accomplishes  its  purpose  and  destroys  the  government.  If 
it  fails,  the  w^ar  has  been  barren  of  results,  and  the  battle  may  be  still  fought  out 
in  the  legislative  halls  of  the  country.  Treason,  defeated  in  the  field,  has  only 
to  take  possession  of  Congress  and  the  cabinet. 

Your  committee  do  not  deem  it  either  necessary  or  proper  to  discuss  the  ques 
tion  whether  the  late  Confederate  States  are  still  States  of  this  Union,  or  can  ever 
be  otherwise.  Granting  this  profitless  abstraction  about  which  so  many  words  have 
been  wasted,  it  by  no  means  follows  that  the  people  of  those  States  may  not  place 
themselves  in  a  condition  to  abrogate  the  powers  and  privileges  incident  to  a  State 
of  the  Union,  and  deprive  themselves  of  all  pretence  of  right  to  exercise  those  pow 
ers  and  enjoy  those  privileges.  A  State  within  the  Union  has  obligations  to  dis 
charge  as  a  member  of  the  Union.  It  must  submit  to  federal  laws  and  uphold  fed 
eral  authority.  It  must  have  a  government  republican  in  form,  under  and  by  which 
it  is  connected*with  the  general  government,  and  through  which  it  can  discharge 
its  obligations.  It  is  more  than  idle,  it  is  a  mockery,  to  contend  that  a  people 
who  have  thrown  off  their  allegiance,  destroyed  the  local  government  whicl^ 
bound  their' States  to  the  Union  as  members  thereof,  defied  its  authority,  refu«  d 
to  execute  its  laws,  and  abrogated  every  provision  which  gave  them  political 
rights  within  the  Union,  still  retain,  through  ail,  the  perfect  and  entire  right  to 


XII  RECONSTRUCTION. 

• 

resume,  at  their  own'  will  and  pleasure,  all  their  privileges  within  the  Union, 
and  especially  to  participate  in  its  government,  and  to  control  the  conduct  of 
its  affairs.  To  admit  such  a  principle  for  one  moment  would  be  to  declare  that 
treason  is  always  master  and  loyalty  a  blunder.  Such  a  principle  is  void  by  its 
very  nature  and  essence,  'because  inconsistent  with  the  theory  of  government, 
and  fatal  to  its  very  existence. 

On  the  contrary,  we  assert  that  no  portion  of  the  people  of  this  country, 
whether  in  State  or  Territory,  have  the  right,  while  remaining  on  its  soil,  to 
withdraw  from  or  reject  the  authority  of  the  United  States.  They  must  obey 
its  laws  as  paramount,  and  acknowledge  its  jurisdiction.  They  have  no  right 
to' secede  ;  and  while  they  can  destroy  their  State  governments,  and  place  them 
selves  beyond  the  pale  of  the  Union,  so  far  as  the  exercise  of  State  privileges 
is  concerned,  they  cannot  escape  the  obligations  imposed  upon  them  by  the 
Constitution  and  the  laws,  nor  impair  the  exercise  of  national  authority.  The 
Constitution,  it  will  be  observed,  does  not  act  upon  States,  as  such,  but  upon 
the  people ;  while,  therefore,  the  people  cann6£  escape  its  authority,  the  States 
may,  through  the  act  of  their  people,  cease  to  exist  in  an  organized  form,  and 
thus  dissolve  their  political  relations  with  the  United  States. 

That  taxation  should  be  only  with  the  consent  of  the  taxed,  through  their  own 
representatives,  is  a  cardinal  principle  of  all  free  governments  ;  but  it  is  not 
true  that  taxation  and  representation  must  go  together  under  all  circumstances, 
and  at  every  moment  of  time.  The  people  of  the  District  of  Columbia  and  of 
the  Territories  are  taxed,  although  not  represented  in  Congress.  If  it  is  true 
that  the  people  of  the  so-called  Confederate  States  had  no  right  to  throw  off  the 
authority  of  the  United  States,  it  is  equally  true  that  they  are  bound  at  all  times 
to  share  the  burdens  of  government.  They  cannot,  either  legally  or  equitably, 
refuse  to  bear  their  just  proportion  of  these  burdens  by  voluntarily  abdicating 
their  rights  and  privileges  as  States  of  the  Union,  and  refusing  to  be  represented 
in  the  councils  of  the  nation,  much  less  by  rebellion  against  national  authority 
and  levying  war.  To  hold  that  by  so  doing  they  could  escape*  taxation  would 
lie  to  offer  a  premium  for  insurrection — to  reward  instead  of  punishing  treason. 
To  hold  that  as  soon  as  government  is  restored  to  its  full  authority  it  can  be 
allowed  no  time  to  secure  itself  against  similar  wrongs  in  the  future,  or  else  omit 
the  ordinary  exercise  of  its  constitutional  power  to  compel  equal  contribution 
from  aall,  towards  the  expenses  of  government,  would  be  unreasonable  in  itself, 
and  unjust  to  the  nation.  It  is  sufficient  to  reply  that  the  loss  of  representation 
by  the  people  of  the  insurrectionary  States  was  their  own  voluntary  choice. 
They  might  abandon  their  privileges,  but  they  could  not  escape  their  obligations; 
and  surely  they  have  no  right  to  complain  if,  before  resuming  those  privileges, 
and  while  the  people  of  the  United  States  are  devising  measures  for  the  public 
safety,  rendered  necessary  by  the  act  of  those  who  thus  disfranchised  themselves, 
they  are  compelled  to  contribute  their  just  proportion  of  the  general  burden  of 
taxation  incurred  by  their  wickedness  and  folly. 

Equally  absurd  is  the  pretence  that  the  legislative  authority  of  the  nation 
must  be  inoperative  so  far  as  they  are  concerned,  while  they,  by  their  own  act, 
have  lost  the  right  to  take  part  in  it.  Such  a  proposition  carries  its  own  refuta 
tion  on  its  face. 

While  thus  exposing  fallacies  which,  as  your  committee  believe,  are  resorted 
to  for  the  purpose  of  misleading  the  people  and  distracting  their  attention  from 
the  questions  at  issue,  we  freely  admit  that  such  a  condition  of  things  should  be 
brought,  if  possible,  to  a  speedy  termination.  It  is  most  desirable  that  the  Union 
of  all  the  States  should  become  perfect  at  the  earliest  moment  consistent  with 
the  peace  and  welfare  of  the  nation;  that  all  these  States  should  become  fully 
represenled  in  the  national  councils,  and  take  their  share  in  the  legislation  of 
the  country.  The  possession  and  exercise  of  more  than  its  just  share  of  power 
by  any  section  is  injurious,  as  well  to  that  section  as  to  all  others.  Its  tendency 


REPORT    OF   THE    COMMITTEE.  XIII 

is  distracting  and  demoralizing,  and  such  a  state  of  affairs  is  only  to  bo  tolerated 
on  the  ground  of  a  necessary  regard  to  the  public  safety.  As  soon  as  that  sat' "ty 
is  secured  it  should  terminate. 

Your  committee  came  to  the  consideration  of  the  subject  referred  to  them  with 
the  most  anxious  desire  to  ascertain  what  was  the  condition  of  the  people  of  the 
States  recently  in  insurrection,  and  what,  if  anything,  was  necessary  to  be  done 
before  restoring  them  to  the  full  enjoyment  of  all  their  original  privileges.  It 
was  undeniable  that  the  war  into  which  they  had  plunged  the  country  had 
materially  changed  their  relations  to  the  people  of  the  loyal  States.  Slavery 
had  been  abolished  by  constitutional  amendment.  A  large  proportion  of  the 
population  had  become,  instead  of  mere  chattels,  free  men  and  citizens.  Through 
all  the  past  struggle  these  had  remained  true  and  loyal,  and  had,  in  large  uum- 
cers,  fought  on  the  side  of  the  Union.  It  was  impossible  to  abandon  them,  with 
out  securing  them  their  rights  as  free  men  and  citizens.  The  whole  civilized 
world  would  have  cried  out  against  such  base  ingratitude,  and  the  bare  idea  is 
offensive  to  all  right-thinking  men.  Hence  it  became  important  to  inquire  what 
could  be  done  to  secure  their  rights,  civil  and  political.  It  was  evident  to  your 
committee  that  adequate  security  could  only  be  found  in  appropriate  constitu 
tional  provisions.  By  an  original  provision  of  the  Constitution,  repre 
sentation  is  based  on  the  whole  number  of  free  persons  in  each  State,  and 
three-fifths  of  all  other  persons.  When  all  become  free,  representation  for 
all  necessarily  follows.  As  a  consequence  the  inevitable  effect  of  the  re 
bellion  would  be  to  increase  the  political  power  of  the  insurrectionary  States, 
whenever  they  should  be  allowed  to  resume  their  positions  as  States  of 
the  Union.  As  representation  is  by  the  Constitution  based  upon  population, 
your  committee  did  not  think  it  advisable  to  recommend  a  change  of  that  basis. 
The  increase  of  representation  necessarily  resulting  from  the  abolition  qf  slavery 
was  considered  the  most  important  element  in  the  questions  arising  out  of  the 
changed  condition  of  affairs,  and  the  necessity  for  some  fundamental  action  in 
this  regard  seemed  imperative.  It  appeared  to  your  committee  that  the  rights 
of  these  persons  by  whom  the  basis  of  representation  had  been  thus  increased 
should  be  recognized  by  the  general  government.  While  slaves  they  were  not 
considered  as  having  any  rights,  civil  or  political.  It  did  not  seem  just  or  proper 
that  all  the  political  advantages  derived  from  their  becoming  free  should  be 
confined  to  their  former  masters,  who  had  fought  against  the  Union,  and  with 
held  from  themselves,  who  had  always  been  loyal.  Slavery,  by  building  up  a 
ruling  and  dominant  class,  had  produced  a  spirit  of  oligarchy  adverse  to  repub 
lican  institutions,  which  finally  inaugurated  civil  war.  The  tendency  of  con 
tinuing  the  domination  of  such  a  class,  by  leaving  it  in  the  exclusive  possession 
of  political  power,  would  be  to  encourage  the  same  spirit,  and  lead  to  a  similar 
result.  Doubts  were  entertained  whether  Congress  had  power,  even  under  the 
amended  Constitution,  to  prescribe  the  qualifications  of  voters  in  a  State,  or 
could  act  directly  on  the  subject.  It  was  doubtful,  in  the  opinion  of  your  com 
mittee,  whether  the  States  would  consent  to  surrender  a  power  they  had  always 
exercised,  and  to  which  they  were  attached.  As  the  best  if  not  the  only 
method  of  surmounting  the  difficulty,  and  as  eminently  just  and  proper  in  it 
self,  your  committee  came  to  the  conclusion  that  political  power  should  be  pos 
sessed  in  all  the  States  exactly  in  proportion  as  the  right  of  suffrage  should  be 
granted,  without  distinction  of  color  or  race.  This  it  was  thought  would  Jeave 
the  whole  question  with  the  people  of  each  State,  holding  out  to  all  the  advan 
tage  of  increased  political  power  as  an  inducement  to  allow  all  to  participate  in 
its  exercise.  Such  a  provision  would  be  in  its  nature  gentle  and  persuasive, 
and  would  lead,  it  was  hoped,  at  no  dragint  day,  to  an  equal  participation  of  all, 
without  distinction,  in  all  the  rights  and  privileges  of  citizenship,  thus  affording 
a  full  and  adequate  protection  to  all  classes  of  citizens,  since  all  would  have, 
through  the  ballot-box,  the  power  of  self-protection. 


XIV  RECONSTRUCTION. 

Holding  these  views,  your  committee  prepared  an  amendment  to  the  Consti 
tution  to  cany  out  tins  idea,  and  submitted  the  same  to  Congress.  Unfortu 
nately,  as  we  think,  it  did  not  receive  the  necessary  constitutional  support  in 
the  Senate,  and  therefore  could  not  be  proposed  for  adoption  by  the  States. 
The  principle  involved  in  that  amendment  is,  however,  believed  to  be  sound, 
and  your  committee  have  again  proposed  it  in  another  form,  hoping  that  it  may 
receive  the  approbation  of  Congress. 

Your  committee  have  been  unable  to  find,  in  the  evidence  submitted  to  Con 
gress  by  the  President,  under  date  of  March  6,  1866,  in  compliance  with  the 
resolutions  of  January  5  and  February  27,  1866,  any  satisfactory  proof  that 
either  of  the  insurrectionary  States,  except,  perhaps,  the  State  of  Tennessee, 
has  placed  itself  in  a  condition  to  resume  its  political  relations  to  the  Union. 
The  first  step  towards  that  end  would  necessarily  be  the  establishment  of  a  re 
publican  form  of  government  by  the  people.  It  has  been  before  remarked  that 
the  provisional  governors,  appointed  by  the  President  in  the  exercise  of  his 
military  authority,  could  do  nothing  by  virtue  of  the  power  thus  conferred 
towards  the  establishment  of  a  State  government.  They  were  acting  under 
the  War  Department  and  paid  out  of  its  funds.  They  were  simply  bridging 
over  the  chasm  between  rebellion  and  restoration.  And  yet  we  find  them 
calling  conventions  and  convening  legislatures.  Not  only  this,  but  we  find 
the  conventions  and  legislatures  thus  convened  acting  under  executive  di 
rection  as  to  the  provisions  required  to  be  adopted  in  their  constitutions  and 
ordinances  as  conditions  precedent  to  their  recognition  by  the  President.  The 
inducement  held  out  by  the  President  for  compliance  with  the  conditions  im 
posed  was,  directly  in  one  instance,  and  presumably,  therefore,  in  others,  the 
immediate  admission  of  senators  and  representatives  to  Congress.  The  char 
acter  of  jjie  conventions  and  legislatures  thus  assembled  was  not  such  as  to  in 
spire  confidence  in  the  good  faith  of  their  members.  Governor  Perry,  of  South 
Carolina,  dissolved  the  convention  assembled  in  that  State  before  the  sngges- 
ti6n  had  reached  Columbia  from  "Washington  that  the  rebel  war  debt  should  be 
repudiated,  and  gave  as  his  reason  that  it  was  a  "  revolutionary  body."  There 
is  no  evidence  of  the  loyalty  or  disloyalty  of  the  members  of  those  conventions 
and  legislatures  except  the  fact  of  pardons  being  asked  for  on  their  account. 
Some  of  these  States  now  claiming  representation  refused  to  adopt  the  condi 
tions  imposed.  No  reliable  information  is  found  in  these  papers  as  to  the  con 
stitutional  provisions  of  several  of  these  States,  while  in  not  one  of  them  is  there 
the  slightest  evidence  to  show  that  these  "  amended  constitutions,"  as  they  are 
called,  have  ever  been  submitted  to  the  people  for  their  adoption.  In  North 
Carolina  alone  an  ordinance  was  passed  to  that  effect,  but  it  does  not  appear  to 
have  been  acted  on.  Not  one  of  them,  therefore,  has  been  ratified.  Whether, 
with  President  Johnson,  we  adopt  the  theory  that  the  old  constitutions  were  ab 
rogated  and  destroyed,  and  the  people  "  deprived  of  all  civil  government,"  or 
whether  we  adopt  the  alternative  doctrine  that  they  were  only  suspended  and 
were  revived  by  the  suppression  of  the  rebellion,  the  new  provisions  must  be 
considered  as  equally  destitute  of  validity  before  adoption  by  the  people.  If 
the  conventions  wrere  called  for  the  eole  purpose  of  putting  the  State  govern 
ment  into  operation,  they  had  no  power  either  to  adopt  a  new  constitution  or  to 
amend  an  old  one  without  the  consent  of  the  people.  Nor  could  either  a  con 
vention  or  a  legislature  change  the  fundamental  law  without  power  previously 
conferred.  In  the  view  of  your  committee,  it  follows,  therefore,  that  the  people 
of  a  State  where  the  constitution  has  been  thus  amended  might  feel  themselves 
justified  in  repudiating  altogether  all  such  unauthorized  assumptions  of  power, 
and  might  be  expected  to  do  so  at  plea%rc. 

So  far  as  the  disposition  of  the  people  of  the  insurrectionary  States,  and  the 
probability  of  their  adopting  measures  conforming  to  the  changed  condition  ot 
affairs,  can  be  inferred  from  the  papers  submitted  by  the  President  as  the  basis 


REPORT   OF   THE    COMMITTEE.  XV 

of  his  action,  the  prospects  are  far  from  encouraging.  It  appears  quite  clear  that 
the  anti-slavery  amendments,  both  to  the  State  and  federal  constitutions,  were* 
adopted  with  reluctance  by  the  bodies  which  did  adopt  them,  while  in  some  States 
they  have  been  either  passed  by  in  silence  or  rejected.  The  language  of  all  the 
provisions  and  ordinances  of  these  States  on  the  subject  amounts  to  nothing 
more  than  an  unwilling  admission  of  an  unwelcome  truth.  As  to  the  ordinance 
of  secession,  it  is,  in  some  cases,  declared  "  null  and  void,"  and  in  others  simply 
"repealed  ;"  and  in  no  instance  is  a  refutation  of  this  deadly  heresy  considered 
worthy  of  a  place  in  the  new  constitution. 

If,  as  the  President  assumes,  these  insurrectionary  States  were,  at  the  close 
of  the  war,  wholly  without  State  governments,  it  would  seem  that,  before  be 
ing  admitted  to  participation  in  the  direction  of  public  affairs,  such  govern 
ments  should  be  regularly  organized.  Long  usage  has  established,  and  nu 
merous  statutes  have  pointed  out,  the  mode  in  which  this  should  be  done.  A 
convention  to  frame  a  form  of  government  should  be  assembled  under  competent 
authority.  Ordinarily,  this  authority  emanates  from  Congress  ;  but,  under  the 
peculiar  circumstances,  your  committee  is  not  disposed  to  criticise  the  Presi 
dent's  action  in  assuming  the  power  exercised  by  him  in  this  regard.  The  con 
vention,  when  assembled,  should  frame  a  constitution  of  government,  which 
should  be  submitted  to  the  people  for  adoption.  If  adopted,  a  legislature  should 
be  convened  to  pass  the  laws  necessary  to  carry  it  into  effect.  When  a  State, 
thus  organized,  claims  representation  in  Congress,  the  election  of  representa 
tives  should  be  provided  for  by  law,  in  accordance  with  the  laws  of  Congress 
regulating  representation,  and  the  proof  that  the  action  taken  has  been  in  con 
formity  to  law  should  be  submitted  to  Congress. 

In  no  case  have  these  essential  preliminary  steps  been  taken.  The  conven 
tions  assembled  seem  to  have  assumed  that  the  constitutions  which  ha'd  been 
repudiated  and  overthrown  were  still  in  existence,  and  operative  to  constitute 
the  States  members  of  the  Union,  and  to  have  contented  themselves  with  such 
amendments  as  they  were  informed  were  requisite  in  order  to  insure  their  return 
to  an  immediate  participation  in  the  government  of  the  United  States.  Not 
waiting  to  ascertain  whether  the  people  they  represented  would  adopt  even  the 
proposed  amendments,  they  at  once  ordered  elections  of  representatives  to 
Congress,  in  nearly  all  instances  before  an  executive  had  been  chosen  to  issue 
writs  of  election  under  the  State  laws,  and  such  elections  as  were  held  were 
ordered  by  the  conventions.  In  one  instance  at  least  the  writs  of  election  were 
signed  by  the  provisional  governor*  Glaring  irregularities,  and  unwarranted 
assumptions  of  power,  are  manifest  in  several  cases,  particularly  in  South  Caro 
lina,  where  the  convention,  although  disbanded  by  the  provisional  governor  on 
the  ground  that  it  was  a  revolutionary  body,  assumed  to  redistrict  the  State. 

It  is  quite  evident  from  all  these  facts,  and  indeed  from  the  whole  mass  of 
testimony  submitted  by  the  President  to  the  Senate,  that  in  no  instance  was  re 
gard  paid  to  any  other  consideration  than  obtaining  immediate  admission  to 
Congress,  under  the  barren  form  of  an  election  in  which  no  precautions  were 
taken  to  secure  regularity  of  proceedings,  or  the  assent  of  the  people.  No  con 
stitution  has  been  legally  adopted  except,  perhaps,  in  the  State  of  Tennessee, 
and  such  elections  as  have  been  held  were  without  authority  of  law.  Your 
committee  are  accordingly  forced  to  the  conclusion  that  the  States  referred  to 
have  not  placed  themselves  in  a  condition  to  claim  representation  in  Congress, 
unless  all  the  rules  which  have,  since  the  foundation  of  the  government,  been 
deemed  essential  in  such  cases,  should  be  disregarded. 

It  woul'd  undoubtedly  be  competent  for  Congress  to  waive  all  formalities  and 
to  admit  these  Confederate  States  to  representation  at  once,  trusting  that  time 
and  experience  would  set  all  things  right.  Whether  it  would  be  advisable  to 
do  so,  however,  must  depend  upon  other  considerations  of  which  it  remains  to 
treat.  But  it  may  well  be  observed,  that  the  inducements  to  such  a  step  should 


XVI  RECONSTRUCTION. 

Jbe  of  the  very  highest  character.  It  seems  to  your  committee  not  unreasonable 
to  require  satisfactory  evidence  that  the  ordinances  and  constitutional  provisions 
which  the  President  deemed  essential  in  the  first  instance  will  be  permanently 
adhered  to  by  the  people  of  the  States  seeking  restoration,  after  being  admitted 
to  fuH  participation  in  the  government,  and  will  not  be  repudiated  when  that 
object  shall  have  been  accomplished.  And  here  the  burden  of  proof  rests  upon 
the  late  insurgents  who  are  seeking  restoration  to  the  rights  and  privileges 
which  they  willingly  abandoned,  and  not  upon  the  people  of  the  United  States 
who  have  never  undertaken,  directly  or  indirectly,  to  deprive  them  thereof.  It 
,  should  appear  affirmatively  that  they  are  prepared  and  disposed  in  good  faith 
to  accept  the  results  of  the  war,  to  abandon  their  hostility  to  the  government, 
and  to  live  in  peace  and  amity  with  the  people  of  the  loyal  States,  extending  to 
all  classes  of  citizens  equal  rights  and  privileges,  and  conforming  to  the  repub 
lican  idea  of  liberty  and  equality.  They  should  exhibit  in  their  acts  something 
more  than  an  unwilling  submission  to  an  unavoidable  necessity — a  feeling,  if 
not  cheerful,  certainly  not  offensive  and  defiant.  And  they  should  evince  an 
entire  repudiation  of  all  hostility  to  the  general  government,  by  an  acceptance 
of  such  just  and  reasonable  conditions  as  that  government  should  think  the 
public  safety  demands.  Has  this  been  done  ?  Let  us  look  at  the  facts  shown 
by  the  evidence  taken  by  the  committee. 

Hardly  is  the  war  closed  before  the  people  of  these  insurrectionary  States 
come  forward  and  haughtily  claim,  as  a  right,  the  privilege  of  participating  at 
once  in  that  government  which  they  had  for  four  years  been  fighting  to  over 
throw.  Allowed  and  encouraged  by  the  Executive  to  organize  State  govern 
ments,  they  at  once  place  in  power  leading  rebels,  unrepentant  and  unpardoned, 
excluding  with  contempt  those  who  had  manifested  an  attachment  to  the  Union, 
and  preferring,  in  many  instances,  those  who  had  rendered  themselves  the  most 
obnoxious.  In  the  face  of  the  law  requiring  an  oath  which  Avould  necessarily 
exclude  all  such  men  from  federal  offices,  they  elect,  with  very  few  exceptions, 
as  senators  and  representatives  in  Congress,  men  who  had  actively  participated 
in  the  rebellion,  insultingly  denouncing  the  law  as  unconstitutional.  It  is  only 
necessary  to  instance  the  election  to  the  Senate  of  the  late  vice-president  of  the 
confederacy,  a  man  who,  against  his  own  declared  convictions,  had  lent  all  the 
weight  of  his  acknowledged  ability  and  of  his  influence  as  a  most  prominent 
public  man  to  the  cause  of  the  rebellion,  and  who,  unpardoned  rebel  as  he  is, 
with  that  oath  staring-  him  in  the  face,  had  the  assurance  to  lay  his  credentials 
on  the  table  of  the  Senate.  Other  rebels  of  scarcely  less  note  or  notoriety  were 
selected  from  other  quarters.  Professing  no  repentance,  glorying  apparently  in 
the  crime  they  had  committed,  avowing  still,  as  the  uncontradicted  testimony  of 
Mr.  Stephens  and  many  others  proves,  an  adherence  to  the  pernicious  doctrine 
of  secession,  and  declaring  that  they  yielded  only  to  necessity,  they  insist,  with 
unanimous  voice,  upon  their  rights  as  States,  and  proclaim  that  they  will  sub 
mit  to  n%  conditions  whatever  as  preliminary  to  their  resumption  of  power 
under  that  Constitution  which  they  still  claim  the  right  to  repudiate. 

Examining  the  evidence  taken  by  your  committee  still  further,  in  connexion 
with  facts  too  notorious  to  be  disputed,  it  appears  that  the  southern  press,  with 
few  exceptions,  and  those  mostly  of  newspapers  recently  established  by  northern 
men,  abounds  with  weekly  and  daily  abuse  of  the  institutions  and  people  of  the 
loyal  States;  defends  the  men  who  led,  and  the  principles  which  incited,  the  re 
bellion  ;  denounces  and  reviles  southern  men  who  adhered  to  the  Union ;  and 
strives,  constantly  and  unscrupulously,  by  every  means  in  its  power,  to  keep 
alive  the  fire  of  hate  and  discord  between  the  sections;  calling  upon  the  Presi 
dent  to  violate  his  oath  of  office,  overturn  the  government  by  force  of  arms,  and 
drive  the  representatives  of  the  people  from  their  seats  in  Congress.  The 
national  banner  is  openly  insulted,  and  the  national  airs  scoffed  at,  not  only  by 
an  ignorant  populace,  but  at  public  meetings,  and  once,  among  other  notable  in- 


REPORT    OF   THE   COMMITTEE.  XVII 

Ftanccs,  at  a  dinner  given  in  honor  of  a  notorious  rebel  who  had  violated  his  oath 
and  abandoned  his  flag.  The  same  individual  is  elected  to  an  important  office 
in  the  leading  city  of  his  State,  although  an  unpardoned  rebel,  and  so  offensive 
that  the  President  refuses  to  allow  him  to  enter  upon  his  official  duties.  In  an 
other  State  the  leading  general  of  the  rebel  armies  is  openly  nominated  for  gov 
ernor  by  the  speaker  of  the  house  of  delegates,  and  the  nomination  is  hailejl  by 
the  people  with  shouts  of  satisfaction,  and  openly  indorsed  by^  the  press. 

Looking  still  further  at  the  evidence  taken  by  your  committee,  it  is  found  to 
be  clearly  shown  by  witnesses  of  the  highest  character  and  having  the  best 
means  of  observation,  that  the  Freedmen's  Bureau,  instituted  for  the  relief  and 
protection  of  freedmen  and  refugees,  is  almost  universally  opposed  by  the  mass 
of  the  population,  and  exists  in  an  efficient  condition  only  under  military  pro 
tection,  while  the  Union  men  of  the  south  are  earnest  in  its  defence,  declaring 
with  one  voice  that  without  its  protection  the  colored  people  would  not  be  per 
mitted  to  labor  at  fair  prices,  and  could  hardly  live  in  safety.  They  also  testify 
that  without  the  protection  of  United  States  troops,  Union  men,  whether  of 
northern  or  southern  origin,  would  be  obliged  to  abandon  their  homes.  The 
feeling  in  many  portions  of  the  country  towards  emancipated  slaves,  especially 
among  the  uneducated  and  ignorant,  is  one  of  vindictive  and  malicious  hatred. 
This  deep-seated  prejudice  against  color  is  assiduously  cultivated  by  the  public 
journals,  and  leads  to  acts  of  cruelty,  oppression,  and  murder,  whic.li  the  local 
authorities  are  at  no  pains  to  prevent  or  punish.  There  is  no  general  disposition 
to  place  the  colored  race,  constituting  at  least  two-fifths  of  the  population,  upon 
terms  even  of  civil  equality.  While  many  instances  may  be  found  where  large 
planters  and  men  of  the  better  class  accept  the  situation,  and  honestly  strive  to 
bring  about  a  better  order  of  things,  by  employing  the  freedmen  at  fair  wages 
and  treating  them  kindly,  the  general  feeling  and  disposition  among  all  classes 
are  yet  totally  averse  to  the  toleration  of  any  class  of  people  friendly  to  the 
Union,  be  they  white  or  black;  and  this  aversion  is  not  unfreojuently  manifested 
in  an  insulting  and  offensive  manner. 

The  witnesses  examined  as  to  the  willingness  of  the  people  of  the  south  to 
contribute,  uu^er  existing  laws,  to  the  payment  of  the  national  debt,  prove  that 
the  taxes  levied  by  the  United  States  will  be  paid  only  on  compulsion  and  with 
great  reluctance,  while  there  prevails,  to  a  considerable  extent,  an  expectation 
that  compensation  will  be  made  for  slaves  emancipated  and  property  destroyed 
during  the  war.  The  testimony  on  this  point  comes  from  officers  of  the  Union 
army,  officers  of  the  late  rebel  army,  Union  men  of  the  southern  States,  and 
avowed  secessionists,  almost  all  of  whom  state  that,  in  their  opinion,  the  people 
of  the  rebellious  States  would,  if  they  should  see  a  prospect  of  success,  repu 
diate  the  national  debt. 

While  there  is  scarcely  any  hope  or  desire  among  leading  men  to  renew  the 
attempt  at  secession  at  any  future  time,  there  is  still,  according  to  a  large  num 
ber  of  witnesses,  including  A.  II.  Stephens,  'who  may  be  regarded  as  good 
authority  on  that  point,  a  generally  prevailing  opinir'.i  which  defends  the  legal 
right  of  secession,  and  upholds  the  doctrine  that  the  first  allegiance  of  the  people 
is  due  to  the  States,  and  not  to  the  United  States.  This  belief  evidently  pre 
vails  among  leading  *and  prominent  men  as  well  as  among  the  masses  every 
where,  except  in  some  of  the  northern  counties  of  Alabama  and  the  eastern 
counties  of  Tennessee. 

The  evidence  of  an  intense  hostility  to  the  federal  Union,  and  an  equally  in 
tense  love  of  the  la*e  confederacy,  nurtured  by  the  war,  is  decisive.  While  it 
appears  that  nearly  all  are  willing  to  submit,  at  least  for  the  time  being,  to  the 
federal  authority,  it  is  equally  clear  that  the  ruling  motive  is  a  desire  to  obtain  the 
advantages  which  will  be  derived  from  a  representation  in  Congress.  Officers 
of  the  Union  army  on  duty,  and  northern  men  who  go  south  to  engage  in  busi 
ness,  are  generally  detested  and  proscribed.  Southern  men  who  adhered  to 


XVIII  RECONSTRUCTION. 


the  Union  are  bitterly  hated  and  relentlessly  persecuted.  In  some  localities 
prosecutions  have  been  instituted  in  State  courts  against  Union  officers  for  acts 
done  in  the  line  of  official  duty,  and  similar  prosecutions  are  threatened  else 
where  as  soon  as  the  United  States  troops  are  removed.  All  such  demonstra 
tions  show  a  state  of  feeling  against  which  it  is  unmistakably  necessary  to  guard. 
1  he  testimony  is  conclusive  that  after  the  collapse  of  the  confederacy  the 
feeling  of  the  people  of  the  rebellious  States  was  that  of  abject  submission. 
Having  appealed  to  the  tribunal  of  arms,  they  had  no  hope  except  that  by  the 
magnanimity  of  their 'conquerors  their  lives,  and  possibly  their  property,  might 
be  preserved.  Unfortunately,  the  general  issue  of  pardons  to  persons  who  had 
been  prominent  in  the  rebellion,  and  the  feeling  of  kindliness  and  conciliation 
manifested  by  the  Executive,  and  very  generally  indicated  through  the  north 
ern  press,  had  the  effect  to  render  whole  communities  forgetful  of  the  crime  they 
had  committed,  defiant  towards  the  federal  government,  and  regardless  of  their 
dutieg  as  citizens.  The  conciliatory  measures  of  the  government  do  not  seem 
to  have  been  met  even  half  way.  The  bitterness  and  defiance  exhibited 
toward  the  United  States  under  such  circumstances  is  without  a  parallel  in  the 
history  of  the  world.  In  return  for  our  leniency  we  receive  only  an  insulting 
denial  of  our  authority.  In  return  for  our  kind  desire  for  the  resumption  of 
fraternal  relations  we  receive  only  an  insolent  assumption  of  rights  and  privi 
leges  long  since  forfeited.  The  crime  we  have  punished  is  paraded  as  a  virtue, 
and  the  principles  of  republican  government  which  we  have  vindicated  at  so 
terrible  a  cost  are  denounced  as  unjust  and  oppressive, 

If  we  add  to  this  evidence  the  fact  that,  although  peace  has  been  declared  by 
the  President,  he  has  not,  to  this  day,  deemed  it  safe  to  restore  the  writ  of 
ttabeas  corpus,  to  relieve  the  insurrectionary  States  of  martial  law,  nor  to  with 
draw  the  troops  from  many  localities,  and  that  the  commanding  general  deems 
an  increase  of  the  army  indispensable  to  the  preservation  of  order  and  the 
protection  of  loyal  and  well-disposed  people  in  the  south,  the  proof  of  a  condition 
of  feeling  hostile  to  the  Union  and  dangerous  to  the  government  throughout  the 
insurrectionary  States  would  seem  to  be  overwhelming. 

With  such  evidence  before  them,  it  is  the  opinion  of  your  committee— 

I.  That  the  States  lately  in  rebellion  were,  at  the  close  of  the  war,  disorgan 
ized  communities,  without  civil  government,  and  without  constitutions  or  other 
forms,  by  virtue  of  which  political  relations  could  legally  exist  between  them 
and  the  federal  government. 

II.  That  Congress  cannot  be  expected  to  recognize  as  valid  the  election  of 
representatives  frojn  disorganized  communities,  which,  from  the  very  nature  of 
the  case,  were  unable  to  present  their  claim  to  representation  under  those  estab 
lished  and  recognized  rules,  the  observance  of  which  has  been  hitherto  required. 

II.  That  Congress  would  not  be  justified  in  admitting  such  communities  to 
a  participation  in  the  government  of  the  country  without  first  providing  such 
constitutional  or  other  guarantees  as  will  tend  to  secure  the  civil  rights  of  all 
citizens  of  the  republic;  a  just  equality  of  representation;  protection  against 
claims  founded  in  rebellion  and  crime;  a  temporary  restoration  of  the  ri^ht  of 
raflrage  to  those  who  have  not  actively  participated  in  the  efforts  to  destroy  the 
Union  and  overthrow  the  government,  and  the  exclusion  from  positions  of  public 
trust  of,  at  least,  a  portion  of  those  whose  crimes  have  proved  them  to  be  enemies 
to  the  Uiiion,  and  unworthy  of  public  confidence. 

Your  committee  will,  perhaps,  hardly  be  deemed  excusable  for  extendin"  this 
report  further ;  but  inasmuch  as  immediate  and  unconditional  representation  of 
the  States  lately  in  rebellion  is  demanded  as  a  matter  of  right,  and  delay  and 
even  hesitation  is  denounced  as  grossly  oppressive  and  unjust,  as  well  as  un 
wise  and  impolitic,  it  may  not  be  amiss  again  to  call  attention  to  a  few  undis 
puted  and  notorious  facts,  and  the  principles  of  public  law  applicable  thereto, 


REPORT    OF   THE   COMMITTEE.  XIX 

in  order  that  the  propriety  of  that  claim  may  be  fully  considered  and  well  un 
derstood. 

The  State  of  Tennessee  occupies  a  position  distinct  from  all  the  other  insur 
rectionary  States,  and  has  been  the  subject  of  a  separate  report  which  your 
committee  have  not  thought  it  expedient  to  disturb.  Whether  Congress  shall 
see  tit  to  make  that  State  the  subject  of  separate  action,  or  to  include  it  in  the 
same  category  with  all  others,  so  far  as  concerns  the  imposition  of  preliminary 
conditions,  it  is  not  within  the  province  of  this  committee  either  to  determine  or 
advise. 

To  ascertain  whether  any  of  the  so-called  Confederate  States  "are  entitled  to 
be  represented  in  either  house  of  Congress,"  the  essential  inquiry  is,  whether 
there  is,  in  anyone  of  them,  a  constituency  qualified  to  be  represented  in  Congress. 
The  question  how  far  persons  claiming  seats  in  either  house  possess  the  cre 
dentials  necessary  to  enable  them  to  represent  a  duly  qualified  constituency  is 
one  for  the  consideration  of  each  house  separately,  after  the  preliminary  ques 
tion  shall  have  been  finally  determined. 

We  now  propose  to  re-state,  as  briefly  as  possible,  the  general  facts  and  prin 
ciples  applicable  to  all  the  States  recently  in  rebellion : 

First/  The  seats  of  the  senators  and  representatives  from  the  so-called  Con 
federate  States  became  vacant  in  the  year  1861,  during  the  second  session  of 
the  thirty-sixth  Congress,  by  the  voluntary  withdrawal  of  their  incumbents, 
with  the  sanction  and  by  direction  of  the  legislatures-  or  conventions  of  their 
respective  States.  This  was  done  as  a  hostile  act  against  the  Constitution  and 
go\»ernment  of  the  United  States,  with  a  declared  intent  to  overthrow  the  same 
by  forming  a  southern  confederation.  This  act  of  declared  hostility  was  speedily 
followed  by  an  organization  of  the  same  States  into  a  confederacy,  which  levied 
and  waged  war,  by  sea  and  land,  against  the  United  States.  Thia  war  contin 
ued  more  than  four  years,  within  which  period  the  rebel  armies  besieged  the 
national  capital,  invaded  the  loyal  States,  burned  their  towns  and  cities,  robbed 
their  citizens,  destroyed  more  than  250,000  loyal  soldiers,  and  imposed  an  in 
creased  national  burden  of  not  less  than  $3,500,000,000,  of  which  seven  or  eight 
hundred  millions  have  already  been  met  and  paid.  From  the  time  these  con 
federated  States  thus  withdrew  their  representation  in  Congress  and  levied 
war  against  the  United  States,  the  great  mass  of  their  people  became  and  were 
insurgents,  rebels,  traitors,  and  all  of  them  assumed  and  occupied  the  political, 
legal,  and  practical  relation  of  enemies  of  the  United  States.  This  position  is 
established  by  acts  of  Congress  and  judicial  decisions,  and  is  recognized  repeat 
edly  by  the  President  in  public  proclamations,  documents,  and  speeches. 

Second.  The  States  thus  confederated  prosecuted  their  war  against  the  United 
States  to  final  arbitrament,  and  did  not  cease  until  all  their  armies  were  cap 
tured,  their  military  power  destroyed,  their  civil  officers,  State  and  confederate, 
taken  prisoners  or  put  to  flight,  every  vestige  of  State  and  confederate  govern 
ment  obliterated,  their  territory  overrun  and  occupied  by  the  federal  armies,  and 
their  people  reduced  to  the  condition  of  enemies  conquered  in  war,  entitled  only 
by  public  law  to  such  rights,  privileges,  and  conditions  as  might  be. vouchsafed 
by  the  conqueror.  This  position  is  also  established  by  judicial  decisions,  and 
is  recognized  by  the  President  in  public  proclamations,  documents,  and  speeches. 
Third.  Having  voluntarily  deprived  themselves  of  representation  in  Congress 
for  the  criminal  purpose  of  destroying  the  federal  Union,  and  having  reduced 
themselves,  by  the  act  of  levying  war,  to  the  condition  of  public  enemies,  th  jy 
have  no  right  to  complain  of  temporary  exclusion  from  Congress ;  but,  on  the 
contrary,  having  voluntarily  renounced  the  right  to  representation,  and  dis 
qualified  themselves  by  crime  from  participating  in  the,governmeiit,  the  burden 
now  rests  upon  them,  before  claiming  to  be  reinstated  in  their  former  condition, 
tq  show  that  they  are  qualified  to  resume  federal  relations.  In  order  to  do  this, 


RECONSTRUCTION. 


they  must  prove  that  they  have  established,  with  the  consent  of  the  people  re 
publican  forms  of  government  in  harmony  with  the  Constitution  and  laws  of  the 
United  States,  that  all  hostile  purposes  have  ceased,  and  should  eive  adequate 
guarantees  against  future  treason  and  rebellion—  guarantees  which  shall  prove 
satisfactory  to  the  government  against  which  they  rebelled,  and  by  whose  arms 
they  were  subdued. 

Fourth  Having,  by  this  treasonable  withdrawal  from  Congress,  and  by 
flMjrrant  rebellion  and  war,  forfeited  all  civil  and  political  rights  and  privileges 
under  the  federal  Constitution,  they  can  only  be  restored  thereto  by  the  per 
mission  and  authority  of  that  constitutional  power  against  which  they  rebelled 
and  by  which  they  were  subdued. 

Fifth.  These  rebellious  enemies  were  conquered  by  the  people  of  the  United 
States,  acting  through  all  the  co-ordinate  branches  of  the  government,  and  not 
by  the  executive  department  alone.  The  powers  of  conqueror  are  not  so  vested 
in  the  1  resident  that  he  can  fix  and  regulate  the  terms  of  settlement  and  con 
fer  congressional  representation  on  conquered  rebels  and  traitors  Nor  can  he 
m  any  way,  qualify  enemies  of  the  government  to  exercise  its  law-makin-  power' 
Ihe  authority  to  restore  rebels  to  political  power  in  the  federal  government  can 
be  exercised  only  with  the  concurrence  of  all  the  departments  in  which  political 
power  is  vested;  and  hence  the  several  proclamations  of  the  President  to  the 
people  of  the  Confederate  States  cannot  be  considered  as  extending  beyond  the 
purposes  declared,  and  can  only  be  regarded  as  provisional  permission  by  the 
commander-m-chief  of  the  army  to  do  certain  acts,  the  effect  and  validity  where 
of  is  to  be  determined  by  the  constitutional  government,  and  not  solely  bv  the 
executive  power.  J  * 

Sixth.  The  question  before  Congress  is,'  then,  whether  conquered  enemies 
.have  the  right,  and  shall  be  permitted  at  their  own  pleasure  and  on  their  own 
terms,  to  participate  in  making  laws  for  their  conquerors  ;  whether  conquered 
rebels  may  change  their  theatre  of  operations  from  the  battle-field,  where  they 
were  defeated  and  overthrown,  to  the  halls  of  Congress,  and,  through  their  rep 
resentatives  seize  upon  the  government  which  they  fought  to  destroy  -  whether 
the  national  treasury,  the  army  of  the  nation,  its  navy,  its  forts  and  arsenals, 
its  whole  civil  administration,  its  credit,  its  pensioners,  the  widows  and  orphans 
of  those  who  perished  in  the  war,  the  public  honor,  peace  and  safety,  shall  all 

3  turned  over  to  the  keeping  of  its  recent  enemies  without  delay,  and  without 
imposing  such  conditions  as,  in  the  opinion  of  Congress,  the  security  of  the 
country  and  its  institutions  may  demand. 

Seventh.  The  history  of  mankind  exhibits  no  example  of  such  madness  and 
I  lie  instinct  of  self-preservation  protests  against  it.  The  surrender  by 
jrant  to  Lee,  and  by  Sherman  to  Johnston,  would  have  been  disasters  of  less 
magnitude,  for  new  armies  could  have  been  raised,  new  battles  fou-ht,  and  the 
government  saved  The  anti-coercive  policy,  which,  under  pretext  of  avoidin- 
bloodshed,  allowed  the  rebellion  to  take  form  and  gather  force,  would  be  su£ 
passed  in  infamy  by  the  matchless  wickedness  that  would  now  surrender  the 
iiulfc  of  Congress  to  those  so  recently  in  rebellion  until  proper  precautions 
shall  have  been  taken  to  secure  the  national  faith  and  the  national  safety 

Eighth.  As  lias  been  shown  in  this  report,  and  in  the  evidence  submitted,  no 
proof  has  been  afforded  to  Congress  of  a  constituency  in  any  one  of  the  so- 
called  Confederate  States,  unless  we  except  the  State  of  Tennessee,  qualified 
to  elect  senators  and  representatives  in  Congress.  No  State  constitution  or' 
amendment  to  a  State  constitution,  lias  had  the  sanction  of  the  people  All  the 
so-called  legislation  of  State  conventions  and  legislatures  has  been  had  under 
military  dictation.  If  the  President  may,  at  his  will,  and  under  his  own  au 
thority,  whether  as  military  commander  or  chief  executive,  qualify  persons  to 
appoint  senators  and  elect  representatives,  and  empower  others  to  appoint  and 
them,  he  thereby  practically  controls  the  organization  of  toe  legislative 


REPORT  OF  THE  COMMITTEE.  XXI 

department.  The  constitutional  form  of  government  is  thereby  practically  de 
stroyed,  and  its  powers  absorbed  in  the  Executive.  And  while  your  committee 
do  not  for  a  moment  impute  to  the  President  any  such  design,  but  cheerfully 
concede  to  him  the  most  patriotic  motives,  they  cannot  but  look  with  alarm 
upon  a  precedent  so  fraught  with  danger  to  the  republic. 

Ninth.  The  necessity  of  providing  adequate  safeguards  for  the  future,  before 
restoring  the  insurrectionary  States  to  a  participation  in  the  direction  of  public 
affairs,  is  apparent  from  the  bitter  hostility  to  the  government  and  people  of  the 
United  States  yet  existing  throughout  the  conquered  territory,  as  proved  incon- 
testably  by  the  testimony  of  many  witnesses  and  by  undisputed  facts. 

Tenth.  The  conclusion  of  your  committee  therefore  is,  that  the  so-called  Con 
federate  States  are  not,  at  present,  entitled  to  representation  in  the  Congress  of 
the  United  States ;  that,  before  allowing  such  representation,  adequate  security 
for  future  peace  and  safety  should  be  required ;  that  this  can  only  be  found  in 
such  changes  of  the  organic  law  as  shall  determine  the  civil  rights  and  privi 
leges  of  all  citizens  in  all  parts  of  the  republic,  shall  place  representation  on  an 
equitable  basis,  shall  fix  a  stigma  upon  treason,  and  protect  the  loyal  people 
against  future  claims  for  the  expenses  incurred  in  support  of  rebellion  and  for 
manumitted  slaves,  together  with  an  express  grant  of  power  in  Congress  to  en 
force  those  provisions.  To  this  end  they  offer  a  joint  resolution  for  amending 
the  Constitution  of  the  United  States,  and  the  two  several  bills  designed  to 
carry  the  same  into  effect,  before  referred  to. 

Before  closing  this  report,  your  committee  beg  leave  to  state  that  the  specific 
recommendations  submitted  by  them  are  the  result  of  mutual  concession,  after 
a  long  and  careful  comparison  of  conflicting  opinions.  Upon  a  question  of  such 
magnitude,  infinitely  important  as  it  is  to  the  future  of  the  republic,  it  was  not 
to  be  expected  that  all  should  think  alike.  Sensible  of  the  imperfections  of  the 
scheme,  your  committee  submit  it  to  Congress  as  the  best  they  could  agree 
upon,  in  the  hope  that  its  imperfections  may  be  cured,  and  its  deficiencies  sup 
plied,  by  legislative  wisdom  ;  and  that,  when  finally  adopted,  it  may  tend  to 
restore  peace  and  harmony  to  the  whole  country,  and  to  place  our  republican 
institutions  on  a  more  stable  foundation. 

W.  P.  FESSENDEN. 

JAMES  W.  GRIMES. 

IRA  HARRIS. 

J.  M.  HOWARD. 

GEORGE  II.  WILLIAMS. 

THADDEUS  STEVENS. 

ELIHU  B.  WASHBURNE. 

JUSTIN  S.  MORRILL. 

JNO.  A.  BINGHAM. 

ROSCOE  CONKLING. 

GEORGE  S.  BOUTWELL. 


XXII  RECONSTRUCTION. 


JOINT  RESOLUTION  proposing  an  amendment  to  the  Constitution  of  the  United  States. 

Resolved  by  tJie  Senate  and  House  of  Representatives  of  the  'United  States  of 
America  in  Congress  assembled,  (two-thirds  of  both  houses  concurring,)  That 
the  following  article  be  proposed  to  the  legislatures  of  the  several  States,  as  an 
amendment  to  the  Constitution  of  the  United  States,  which,  when  ratified  by 
three-fourths  of  said  legislatures,  shall  be  valid  as  part  of  the  Constitution, 
namely : 

ARTICLE  14. 

SECTION  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  No  State  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United  States ;  nor  shall  any 
State  deprive  any  person  of  life,  liberty,  or  property  without  due  process  of  law* 
nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several  States  ac 
cording  to  their  respective  numbers,  counting  the  whole  number  of  persons  in 
each  State,  excluding  Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  President  and  Vice-President  of  the  United 
States,  representatives  in  Congress,  the  executive  and  judicial  officers  of  a  State, 
or  the  members  of  the  legislature  thereof,  is  denied  to  any  of  the  male  inhabitants 
of  such  State,  being  twenty-one  years  of  age,  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime,  the 
basis  of  representation  therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  State. 

SEC.  3.  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector 
of  President  and  Vice-President,  or  hold  any  office,  civil  or  military,  under  the 
United  States,  or  under  any  State,  who,  having  previously  taken  an  oath  aa  a 
member  of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  State  legislature,  or  as  an  executive  or  judicial  officer  of  any  State,  to  sup 
port  the  Constitution  of  the  United  States,  shall  have  engaged  in  insurrection 
or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for  services 
in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned.  But  neither  the 
United  States  nor  any  State  shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  .emancipation  of  any  slave;  but  all  such  debts,  obligations,  and  claims 
shall  be  held  illegal  and  void. 

SEC.  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
the  provisions  of  this  article. 


PART  I. 


TENNESSEE. 


SUB-COMMITTEE. 

Mr.  JAMES  W.  GRIMES,  (of  Iowa,)  United  States  Senate. 
Mr.  JOHN  A.  BINGHAM,  (of  Ohio,)  House  of  Representatives. 
Mr.  HENRY  GRIDER,  (of  Kentucky,)  House  of  Representatives. 


Mr.  BINGHAM,  from  the  Committee  on  Reconstruction,  reported  the  following 

joint  resolution : 

JOINT  RESOLUTION  concerning  the  State  of  Tennessee. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con 
gress  assembled,  That  whereas  the  people  of  Tennessee  have  made  known  to  the  Congress  of 
the  United  States  their  desire  that  the  constitutional  relations  heretofore  existing  between 
them  and  the  United  States  may  be  fully  established,  and  did,  on  the  twenty-second  day  of 
February,  eighteen  hundred  and  sixty-five,  by  a  large  popular  vote,  adopt  and  ratify  a  con 
stitution  of  government,  republican  in  form  and  not  inconsistent  with  the  Constitution  and 
laws  of  the  United  States,  and  a  State  government  has  been  organized  under  the  provisions 
thereof,  which  said  provisions,  and  the  laws  passed  in  pursuance  thereof,  proclaim  and  denote 
loyalty  to  the  Union  ;  and  whereas  the  people  of  Tennessee  are  found  to  be  in  a  condition  to 
exercise  the  functions  of  a  State  within  this  Union,  and  can  only  exercise  the  same  by  the 
consent  of  the  law-making  power  of  the  United  States  :  Therefore,  the  State  of  Tennessee  is 
hereby  declared  to  be  one  of  the  United  States  of  America,  on  an  equal  footing  with  the  other 
States,  upon  the  express  condition  that  the  people  of  Tennessee  will  maintain  and  enforce,  in 
good  faith,  their  existing  constitution  and  laws,  excluding  those  who  have  been  engaged  in 
rebellion  against  the  United  States  from  the  exercise  of  the  elective  franchise,  for  the  respect 
ive  periods  of  time  therein  provided  for,  and  shall  exclude  the  same  persons  for  the  like  re 
spective  periods  of  time  from  eligibility  to  office;  and  the  State  of  Tennessee  shall  never  as 
sume  or  pay  any  debt  or  obligation  contracted  or  incurred  in  aid  of  the  late  rebellion ;  nor 
shall  said  State  ever  in  any  manner  claim  from  the  United  States  or  make  any  allowance  of 
compensation  for  slaves  emancipated  or  liberated  in  any  way  whatever ;  which  conditions 
shall  be  ratified  by  the  legislature  of  Tennessee,  or  the  people  thereof,  as  the  legislature  may 
direct,  before  this  act  shall  take  effect. 


RECONSTRUCTION    -  TENNESSEE. 


MEMORIAL 

OF 

CITIZENS  OF  TENNESSEE, 


PRAYING 


That  the  present  State  organization  of  Tennessee  may  be  recognized  and  its 

perpetuity  guaranteed. 


FEBRUARY  13,  1866. — Referred  to  the  Joint  Select  Committee  on  Reconstruction. 

MARCH  5,  1866. — Reported  from  the  Select  Committee  on  Reconstruction,  ordered  to  be 

printed,  and  recommitted  to  the  Committee  on  Reconstruction. 


To  the  Senate  and  House  of  Representatives  of  the  United  States  in  Congress 

assembled : 

The  undersigned,  citizens  of  the  United  States  and  of  the  State  of  Tennes 
see,  beg  leave,  respectfully,  to  represent  that  by  the  operations  of  the  recent 
rebellion  the  governing  officers  of  their  State  abdicated  their  respective  posts, 
and  left  the  government  without  agents  to  carry  it  on.  In  this  attitude  of 
affairs  one  of  our  citizens,  Andrew  Johnson,  was,  on  the  3d  of  March,  1862,  by 
the  President  of  the  United  States,  appointed  military  governor  of  the  State, 
which  office  he  continued  to  hold  until  the  3d  of  March,  1865. 

To  remedy  this  state  of  things,  the  loyal  people  of  the  State,  by  their  dele 
gates,  on  the  Sth  of  January,  1865,  assembled  in  convention  at  the  capitol,  in 
the  city  of  Nashville,  "to  take  such  steps  as  wisdom  might  direct  to  restore  the 
the  State  of  Tennessee  to  its  once  honored  status  in  the  great  national  Union." 

Certain  amendments  were  proposed  to  our  admirable  State  constitution,  made 
necessary,  in  the  opinion  of. the  convention,  by  the  altered  relations  of  slavery, 
and  by  the  action  of  persons  engaged  in  the  rebellion,  who  had  temporarily 
usurped  the  machinery  of  the  State  government,  and  by  the  vacancy  of  the 
several  State  offices,  for  the"  filling  of  which  there  was  no  present  provision  of 
law.  These  amendments  the  convention  submitted  to  the  vote  of  their  con 
stituents  on  the  22d  of  February,  1865,  and  they  were  by  them  adopted. 
While  this  proceeding  met  with  the  concurrence  and  co-operation  of  the  mili 
tary  governor,  it  was  the  spontaneous  action  of  the  loyal  people  themselves. 

Having  thus  provided  for  the  reorganization  of  the  government  under  her 
pre-existing  constitution  so  amended,  the  work  was  completed  by  the  election 
of  a  governor  and  legislature  on  the  4th  of  March  following,  who,  on  the  3d  ot 
April,  entered  upon  the  duties  of  their  respective  offices. 


2  RECONSTRUCTION TENNESSEE. 

A  copy  of  the  several  amendments,  incorporated  into  the  organic  law  of  the 
State,  and  the  proceedings  of  the  legislature  at  its  first  session,  certified  offi 
cially  by  the  secretary  or  State,  and  published  by  authority,  is  herewith  ap 
pended  and  adopted  as  a  part  of  this  statement. 

The  government  so  organized  has  had  unresisted  and  uninterrupted  jurisdic 
tion  of  the  State  ever  since. 

The  undersigned  respectfully  submit  that  the  said  government  is  republican 
in  form  as  well  as  in  spirit,  and  they  ask  that  the  same  be  recognized  and  its 
perpetuity  guaranteed  as  the  true  and  proper  government  of  the  State  of  Ten 
nessee,  entitled  to  the  same  immunities,  functions,  and  prerogatives  as  the  State 
enjoyed  by  virtue  of  an  act  of  Congress  approved  on  the  1st  day  of  June,  1796, 
until  her  relations  with  the  government  were  disturbed  by  the  treason  of  a  por 
tion  of  her  citizens. 

EDW'D  COOPER, 
HORACE  MAYNARD, 
JNO.  W.  LEFTW1CH, 
W.  B.  STOKES. 
FEBRUARY  13,  1866. 


ACTS  OF  THE  STATE  OF  TENNESSEE,  PASSED  AT  THE  FIRST  SESSION  OF 
THE  THIRTY-FOURTH  GENERAL  ASSEMBLY,  FOR  THE  YEAR  1865. 

[Published  by  authority.] 

TABLE  OP  CONTENTS. 

Introductory  documents. 

Appointment  of  Andrew  Johnson  as  military  governor  of  Tennessee  by  the  President. 

Call  for  H  convention. 

Proposed  alteration  and  amendments  to  the  constitution  of  Tennessee. 

Governor's  proclamation. 

Official  declaration  of  the  ratification  of  the  amendments  to  the  constitution. 

Governor's  message. 

CHAPTER  I. — An  act  to  regulate  the  county  court  of  Shelby  county. 

CHAPTER  II. — An  act  to  increase  the  compensation  of  judges. 

CHAPTER  III. — An  act  to  increase  the  pay  of  public  printer. 

CHAPTER  IV. — An  act  to  punish  all  armed  prowlers,  guerillas,  brigands,  and  highway  robbers,  and  for  other 

purposes. 

CHAPTER  V. — An  act  to  amend  the  criminal  laws  of  the  State  of  Tennessee. 

CHAPTER  VI.—  An  act  to  repeal  the  3d  article  of  the  5th  chapter,  title  5,  of  the  Code  of  Tennessee. 
CHAPTER  VII. — An  act  to  establish  the  eighth  chancery  district  of  Tennessee. 
CHAPTER  VIII.— An  act  to  amend  the  revenue  laws  of  the  State. 

CHAPTER  IX. — An  act  to  more  effectually  manage  the  penitentiary,  and  for  other  purposes. 
CHAPTER  X. — An  act  to  provide  for  the  limitation  of  actions,  and  for  other  purposes. 
CHAPTER  XI. — An  act  to  fix  the  fees  to  be  paid  by  commissioners  of  deeds  resident  in  other  States. 
CHAPTER  XII. — An  act  for  the  relief  of  indigent  families  of  soldiers. 

CHAPTER  XIII. — An  act  to  amend  the  corporation  of  the  city  of  Shelbyville,  and  for  other  purposes. 
CHAPTER  XIV.— An  act  to  change  the  times  of  holding  the  chancery  courts  at  Athens  and  Benton  iu  this 

State. 
CHAPTER  XV. — An  act  to  repeal  an  act  passed  on  the  19th  day  of  March,  I860,  to  repeal  section  4765  of  the 

Code,  and  to  re-enact  section  4766  of  the  Code. 
CHAPTER  XVI  — An  act  to  limit  the  elective  franchise. 
CHAPTER  XVII. — An  act  to  repeal  an  act  incorporating  a  military  department  in  Andrew  College  and  the 

MrmpliiK  Arms  Company,  and  for  other  purposes. 

CHAPTER  XVIII.— An  act  to  amend  section  117  of  the  Code,  and  for  other  purposes. 
CHAPTER  XIX. — An  act  to  authorize  the  investment  of  trust  funds,  and  for  other  purposes. 
CHAPTER  XX. — An  act  to  establish  a  claim  agency  of  Tennessee  in  the  city  of  Washington. 
CHAPTER  XXI. — An  act  for  the  benefit  of  discharged  Union  soldiers. 
CHAPTER  XXII. — An  act  accepting,  on  the  part  of  the  State  of  Tennessee,  a  grant  of  land  made  by  the  United 

States  to  the  several  States  aud  Territories  which  may  provide  colleges  for  the  benefit  of  agriculture  and 

the  mechanic  arts. 

CHAPTER  XXIII. — An  act  to  provide  for  the  payment  of  certain  counsel  fees. 
CHAPTER  XXIV.— An  act  for  the  protection  of  sheriffs  and  other  civil  officers  of  the  State. 
CHAPTER  XXV. — An  act  to  regulate  the  stock  of  the  county  of  Simmer  in  the  Nashville  and  Louisville  rail 
road,  ami  for  other  purposes. 
CHAPTER  XXVI.— Au  act  to  accept  the  surrender  of  the  charter  of  the  Bank  of  Middle  Tennessee,  and  for 

other  purposes. 

CHAPTER  XXVII. — An  act  to  repeal  the  law  apportioning  money  to  division  fairs  aud  county  societies. 
CHAPTER  XXVIII.— An  act  to  supply  lost  deeds  and  title  papers. 
CHAPTER  XXIX. — An  act  to  modify  the  oath  prescribed  for  liquor  dealers. 
CHAPTER  XXX. — An  act  to  release  the  citizens  from  paying  the  State  and  county  taxes  for  the  years  1862, 

J8C.3,  and  1864. 
^CHAPTER  XXXI. — An  act  to  amend  an  act  to  reform  and  regulate  banking  in  Tennessee,  passed  February  6, 

1862. 


RECONSTRUCTION — TENNESSEE.  3 

• 

CHAPTKR  XXXII.— An  act  to  declare  and  make  valid  certain  acts  of  certain  officers  of  this  State. 

CHAPTER  XXXIII. — An  act  to  provide  for  the  payment  of  the  governor's  staff. 

CHAPTER  XXXIV.— An  act  to  apportion  the  representation  in  the  Congress  of  the  United  States. 

CHAPTER  XXXV. — An  act  to  secure  the  funds  provided  for  public  education. 

CHAPTER  XXXVI. — An  act  to  pay  the  current  expenses  of  this  session  of  the  general  assembly,  and  for  other 

purposes. 
CHAPTER  XXXVII. — An  act  to  change  the  eleventh,  twelfth,  and  fourteenth  judicial  circuits  of  this  State 

and  for  other  purposes. 

PRIVATE  ACTS. 

CHAPTER  I. — An  act  for  the  benefit  of  J.  G.  Frazer,  clerk  of  the  supreme  court  for  the  middle  district  of 
Tennessee. 

CHAPTER  II. — An  act  to  incorporate  the  East  Tennessee  Iron,  Coal,  and  Petroleum  Company. 

CHAPTER  III. — An  act  to  incorporate  the  llaulston  Oil  and  Salt  Company. 

CHAPTER  IV. — An  act  to  develope  the  various  oil  and  mineral  interests  of  the  State  of  Tennessee,  and  for 
other  purposes. 

CHAPTER  V. — An  act  to  incorporate  the  Bridgeman  Oil  and  Salt  Company. 

CHAPTER  VI. — An  act  to  charter  the  Tennessee  Express  Company. 

CHAPTER  VII. — An  act  to  incorporate  the  Memphis  Ladies'  Institute,  of  Memphis,  Tennessee. 

CHAPTER  VIII. — An  act  to  incorporate  the  Tennessee  Colonial  Company  for  the  purpose  of  promoting  emi 
gration,  to  establish  vineyards,  develope  the  mineral  and  other  resources  of  the  State  of  Tennessee. 

CHAPTER  IX. — An  act  to  incorporate  the  Cairo  and  New  Orleans  Pilot's  Benevolent  Association. 

CHAPTER  X. — An  act  incorporating  the  Great  Southwestern  Oil  and  Mining  Company. 

CHAPTER  XI. — An  act  to  change  a  railroad  fund  into  a  county  fund  for  Blouut  county. 

CHAPTER  XII. — An  act  to  incorporate  the  Tennessee  Fire  and  Marine  Insurance  Company. 

CHAPTER  XIII. — An  act  to  incorporate  a  literary  society  of  Nashville,  known  as  the  "Agnomen  Club." 

CHAPTER  XIV.— An  act  to  authorize  and  instruct  the  comptroller  of  the  treasury  to  audit,  and  the  treasurer 
to  pay  the  salary  due  the  Hon.  Samuel  D.  Frierson,  chancellor. 

CHAPTER  XV. — An  act  to  amend  an  act  passed  on  the  26th  of  February,  1858,  entitled  "An  act  to  charter  the 
Cleveland  and  Ducktown  railroad. 

CHAPTER  XVI. — An  act  to  incorporate  the  Nashville  Barbei-s'  Association. 

CHAPTER  XVII. — An  act  to  incorporate  the  Tennessee  Oil,  Mining,  and  Manufacturing  Company. 

CHAPTER  XVIII. — An  act  to  incorporate  the  Memphis  City  Railroad  Company. 

CHAPTER  XIX. — An  act  to  incorporate  the  Tennessee  and  Kentucky  Petroleum,  Mining,  and  Manufacturing 
Company,  and  for  other  purposes. 

CHAPTER  XX. — An  act  to  amend  an  act  authorizing  John  C.  Haley  to  establish  a  turnpike  road,  passed 
October  28,  1833. 

CHAPTER  XXI. — An  act  to  incorporate  the  Memphis  and  Mound  City  Arkansas  Steam  Packet  Company  of 
Memphis. 

CHAPTER  XXII. — An  act  to  incorporate  the  Tennessee  Motintain  Petroleum  and  Mining  Company. 

CHAPTER  XXIII. — An  act  to  incorporate  the  East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  Salt  Company. 

CHAPTER  XXIV. — An  act  to  incorporate  the  Manchester  and  Barren  Fork  Mining  and  Manufacturing  Company. 

CHAPTER  XXV. — An  act  to  amend  an  act  entitled  "An  act  to  incorporate  the  East  Tennessee  and  Virginia 
Railroad  Company,"  passed  the  27th  day  of  January,  1848. 

CHAPTER  XXVI. — An  act  to  incorporate  the  Tennessee  Mining  and  Mannfacturirg  Company. 

CHAPTER  XXVII. — An  act  to  incorporate  the  Tennessee  and  Cumberland  Oil  and  Mining  Company. 

CHAPTER  XXVIII. — An  act  to  charter  the  East  Tennessee  Female  College. 

CHAPTER  XXIX. — An  act  to  change  the  line  between  the  counties  of  Anderson  and  Campbell. 

CHAPTER  XXX. — An  act  to  incorporate  the  Cumberland  Basin  Petroleum  and  Mining  Company. 

CHAPTER  XXXI. — An.  act  to  incorporate  the  Cumberland  Mining  and  Petroleum  Company,  and  for  other 
purposes. 

CHAPTER  XXXII.— An  act  to  incorporate  the  United  Hebrew  Brethren  Benefit  Society  of  Memphis. 

CHAPTER  XXXIII. — An  act  to  encourage  the  planting,  improvement,  and  other  interests  of  the  State  of  Ten 
nessee,  and  for  other  purposes. 

CHAPTER  XXXIV.— An  act  to  incorporate  the  New  Fork  and  Tennessee  Petroleum  and  Mining  Company. 

CHAPTER  XXXV. — An  act  to  recharter  the  Tennessee  Marine  and  Fire  Insurance  Company. 

RESOLUTIONS. 

NUMBER  I. — Joint  resolution  to  compare  the  vote  for  governor. 

NUMBER  II. — A  joint  resolution  of  respect  to  the  memory  of  Hon.  Samuel  K.  McCammon. 

NUMBER  III. — Senate  resolution  to  print  rules  for  its  government. 

NUMBER  IV. — Senate  resolution  fixing  number  of  papers  to  be  taken  by  members. 

NUMBER  V. — Senate  resolution  inviting  General  Thomas  to,a  seat  in  the  senate. 

NUMBER  VI.  — Senate  resolution  to  open  the  senate  with  prayer. 

NUMBER  VII. — Joint  resolution  to  notify  the  governor  of  his  election. 

NUMBER  VIII. — Joint  resolution  to  meet  in  convention  to  inaugurate  the  governor. 

NUMBER  IX. — Joint  resolution  adopting  the  amendments  of  the  Constitution  ef  the  United  States  abolishing 

slavery. 
NUMBER  X. — A  joint  resolution  tendering  the  thanks  of  the  general  assembly  of  the  State  of  Tennessee  to 

General  Thomas. 

NUMBER  XI. — Joint  resolution  tendering  the  thanks  of  the  loyal  people  of  Tennessee  to  the  legislature  of  Ohio. 
NUMBER  XII. — Joint  resolution  directing  the  State  treasurer  to  pay  to  members  of  the  legislature  the  amount 

due  them. 

NUMBER  XIII. — Joint  resolution  to  elect  a  secretary  of  state. 
NUMBER  XIV.— Joint  resolution  to  raise  a  committee  on  the  State  library. 

NUMBER  XV. — Joint  resolution  to  appoint  a  joint  committee  of  the  two  houses  to  report  joint  rules  and  regu 
lations  for  the  government  of  both  houses. 

NUMBER  XVI. — Joint  resolution  to  raise  a  joint  committee  to  redistrict  the  State. 
NUMBER  XVII. — Joint  resolution  to  appoint  a  committee  to  investigate  the  past  and  present  condition  an* 

management  of  the  penitentiary. 
NUMBER  XVIII. — Joint  resolution  appointing  a  committee  to  report  what  action  should  be  had  with  reference 

to  the  death  of  President  Abraham  Lincoln. 
NUMP.ER  XIX. — Joint  resolution  expressing  the  sense  of  the  general  assembly  on  the  death  of  President 

Abraham  Lincoln. 

NUMBER  XX. — Joint  resolution  to  support  the  administration  of  President  Johnson. 
NUMBER  XXL— Joint  resolution  requesting  the  governor  of  the  State  to  communicate  certain  facts  to  the 

President  of  the  United  States. 


4  RECONSTRUCTION — TENNESSEE. 

• 

NUMBER  XXII.— Joint  resolution  allowing  mileage  to  Messrs.  Grantham  and  Tighe. 
NUMBKII  XXIII. — Joint  resolution  to  mei-t  in  convention  to  elect  a  comptroller. 
NUMBER  XXI V. — Joint  resolution  raisin";  :i  joint  committee  on  ways  and  means. 
NUMBER  XXV. — Joint  resolution  to  meet  in  convention  to  elect  registers  of  land  offices. 
NUMBER  XXVI. — Joint  resolution  for  the  Ix-m-fit  of  V.  Meyejs. 

NUMBER  XXVII.— Joint  resolution  to  meet  in  convention  to  elect  a  secretary  of  state. 
NUMBKR  XX VIII.— Joint  resolution  to  meet  in  convention  to  elect  a  treasurer  and  secretary  of  state. 
NUMBER  XXIX.— Joint  resolution  in  regard  to  the  State  library. 

NUMBKR  XXX. — Joint  resolution  to  meet  in  convention  to  elect  senators  to  the  United  States  Congress. 
NUMBKR  XXXI.— A  joint  resolution  to  declare  the  office  of  comptroller  of  the  treasury  of  the  State  of  Ten 
nessee  vacant. 

NUMBER  XXXII.— Joint  resolution  to  meet  in  convention  to  elect  a  public  printer. 
NUMBKR  XXXIII.— Joint  resolution  to  meet  in  convention  to  elect  a  State  librarian. 
NUMBKR  XXXIV.— Joint  resolution  offering  a  reward  of  five  thousand  dollars  for  the  apprehension  of  Lsham 

G.  Harris. 

NUMBKR  XXXV. — A  joint  resolution  to  meet  the  house  in  convention  to  elect  a  State  comptroller. 
NUMBKR  XXXVI.— Joint  resolution  to  raise  a  joint  committee  to  wait  on  the  national  banks  of  the  State. 
NUMBKR  XXXVII. — Joint  resolution  to  meet  in  convention  to  elect  an  entry-taker  for  the  Ocoee  district. 
NUMBER  XXXV11L— Joint  resolution  appointing  commissioners  to  settle  with  the  Louisville  and  Nashville 

railroad. 

NUMBER  XXXIX. — Joint  resolution  applying  to  the  President  for  troops. 
NUMBER  XL.— A  joint  resolution  appointing  a  committee  to  memorialize  Congress. 
NUMBER  XLI. — Resolution  of  inquiry  in  relation  to  the  Hermitage  property. 
NUMBKR  XL1I.—  Joint  resolution  raising  a  joint  committee  on  the  elective  franchise. 

NI'MBKR  XLIII. — Joint  resolution  requr  sting  the  governor  to  lay  before  the  legislature  certain  correspondence. 
Nr.MBER  XL1V.— A  joint  resolution  declaring  certain  civil  offices  vacant,  and  providing  for  filling  the  same. 
NUMBER  XLV. — Joint  resolution  to  raise  a  joint  committee  to  examine  into  the  condition  of  the  Bank  of  Ten 
nessee  and  branches. 
NUMBER  XL VI.— Joint  resolution  to  authorize  the  secretary  of  state  to  take  charge  of  the  senate  chamber  and 

the  hall  of  the  house  of  representatives. 

NUMBER  XL VI I. — Joint  resoluton  to  meet  in  convention  to  elect  a  keeper  of  the  penitentiary. 
NUMBER  XLVIII.—  Joint  resolution  of  thanks  to  Major  General  Stoneman. 

NUMBER  XLIX. — Joint  resolution  requesting  information  from  the  bondholders  of  Tennessee  bonds. 
NUMBER  L. — Joint  resolution  directory  to  the  attorney  general  of  the  state. 
NUMBER  LI.— Joint  resolution  taking  charge  of  the  assets  of  the  Bank  of  Tennessee. 
NUMBER  LII. — A  joint  resolution  providing  for  the  number  of  acts  and  journals  of  the  legislature  of  18G5  to  be 

printed  for  distribution. 
NUMBER  LIII.— A  joint  resolution  in  relation  to  a  certain  class  of  Tennessee  Union  soldiers  who  lost  their 

lives  in  the  army  of  the  Union  during  the  rebellion. 

NUMBER  LIV. — Joint  resolution  directory  to  the  trustees  of  Tennessee  Hospital  for  the  Insane. 
NUMBER  LV. — Joint  resolution  appointing  a  committee  to  wait  on  the  major  general  commanding  the  depart 
ment  and  make  inquiries  in  relation  to  certain  assessments. 

NUMBER  LVI.— A  joint  resolution  appointing  a  committee  to  settle  with  Hon.  Joseph  S.  Fowler,  late  comp 
troller  and  acting  treasurer  of  the  State. 

NUMBER  LVII. — Joint  resolution  directory  to  the  secretary  of  state. 
NUMBER  LVI1L— Joint  resolution  requesting  the  governor  to  employ  an  attorney-at-law, 
NUMBER  L1X.— Joint  resolution  directory  to  the  comptroller. 
NUMBER  LX. — Joint  resolution  directory  to  the  keeper  of  the  penitentiary. 
NUMBER  LXI. — Joint  resolution  postponing  the  business  before  the  general  assembly. 
NUMBER  LXII.— Joint  resolution  to  have  published  in  certain  newspapers  "An  act  to  limit  the  elective 

franchise." 
NUMBER  LXIII.— Joint  resolution  of  thanks  to  Brevet  Brigadier  General  J.  L.  Donaldson,  chief  quartermaster 

department  of  the  Cumberland,  and  Captain  Hunter  Brooke,  provost  marshal. 

NUMBER  LXIV.— Joint  resolution  congratulatory  at  the  appointment  of  Major  General  Thomas  to  this  military 
division. 


INTRODUCTORY   DOCUMENTS. 

The  following  papers  embrace  the  commission  of  Hon.  Andrew  Johnson  as 
military  governor  of  Tennessee,  from  the  War  Department  at  Washington; 
his  instructions  from  President  Lincoln,  in  accordance  with  the  4th  section  of 
the  4th  article  of  the  federal  Constitution  ;  the  call  of  the  Executive  Union 
Committee  of  the  State  for  a  State  convention,  to  meet  December  19,  1864,  at 
the  State  capitol;  and  the  call  of  the  same  committee  for  a  postponed  meeting 
of  the  same  convention,  to  meet  January  8,  1865,  said  postponement  being  ren 
dered  necessary  in  consequence  of  the  siege  of  Nashville  by  the  rebel  army ; 
,'h-'  alterations  and  amendments  to  the  State  constitution,  proposed  to  the  people 
of  Tennessee  by  that  convention,  with  the  accompanying  resolutions  of  that 
body ;  the  proclamation  of  Governor  Johnson  authorizing  the  opening  of  the 
polls  throughout  the  State  for  the  ratification  or  rejection  of  said  amendments 
and  alterations  to  the  constitution;  and  the  final  proclamation  of  Governor 
Johnson,  declaring  said  amendments  and  alterations  to  be  legally  adopted  as  a 
part  of  the  constitution  by  formal  ratification  of  the  loyal  voters  of  the  State 


RECONSTRUCTION TENNESSEE  5 


APPOINTMENT    OF    ANDREW   JOH-NSON    AS    MILITARY  GOVERNOR    OF  TENNESSEE 

BY  THE  PRESIDENT. 

WAR  DEPARTMENT,  March  3,  1862. 
To  the  Hon.  Andrew  Johnson : 

SIR  :  You  are  hereby  appointed  military  governor  of  the  State  of  Tennessee, 
with  authority  to  exercise  and  perform,  within  the  limits  of  that  State,  all  and 
singular  the  powers,  duties,  and  functions  pertaining  to  the  office  of  military 
governor,  including  the  power  to  establish  all  necessary  offices,  tribunals,  &c. 

EDWIN  M.  STANTON, 

Secretary  of  War. 

EXECUTIVE  MANSION, 
Washington,  D.  C.,  September  19,  1863. 

You  are  hereby  authorized  to  exercise  such  powers  as  may  be  necessary  and 
proper  to  enable  the  loyal  people  of  Tennessee  to  present  such  a  republican 
form  of  State  government  as  will  entitle  the  State  to  the  guarantee  of  the  United 
States  therefor,  and  to  be  protected  under  such  State  government  by  the  United 
States  against  invasion  and  domestic  violence.  All  according  to  the  4th  section 
of  the  4th  article  of  the  Constitution  of  the  United  States. 

ABRAHAM  LINCOLN. 
Hon.  ANDREW  JOHNSON, 

Military  Governor  of  Tennessee. 


The  following  call  was  published  by  a  committee  of  Union  men  in  Middle 
Tennessee.  Similar  calls  were  published  by  Union  committees  in  East  and 
West  Tennessee : 

To  the  Union  men  of  Middle  Tennessee  : 

The  executive  committee  of  Middle  Tennessee  take  this  opportunity  of 
requesting  the  Union  men  of  the  middle  division  of  the  State  to  appoint  delegates 
to  the  convention  at  Nashville  on  the  19th  of  December.  The  people  of  East 
and  West  Tennessee  will  be  here;  it  is  our  duty  to  meet  them.  The  people 
meet  to  take  such  steps  as  wisdom  may  direct  to  restore  the  State  of  Tennessee 
to  its  once  honored  status  in  the  great  national  Union. 

The  dignity  of  men  descended  from  a  race  of  freemen  and  heroes,  the 
maintenance  of  your  rights  and  the  interests  of  your  children,  all  call  upon  you  to 
act  as  brave  and  true  men.  Come  forth  in  your  strength  to  assert  your  rights 
and  to  organize  the  loyal  sentiment  of  Tennessee. 

If  you  cannot  meet  in  your  counties,  come  upon  your  own  personal  respon 
sibility.  It  is  the  assembling  of  Union  men  for  the  restoration  of  their  own 
Commonwealth  to  life  and  a  career  of  success. 

LEWIS  TILLMAN, 
WM.  SPENCE, 
M.  M.  BRIEN, 
A.  V.  S.  LINDSLEY, 
JOS.  S.  FOWLER, 
Executive  Committee  Middle  Tennessee. 

The  presence  of  the  rebel  army  around  Nashville  prevented  the  convention 
from  assembling,  and  the  following  call  was  made  accordingly : 


RECONSTRUCTION — TENNESSEE. 


NASHVILLE,  Decemlcr  19,  1864. 
To  the  Union  men  of  Tennessee  • 

The  executive  committee  of  Middle  Tennessee  have  selected  the  8th  of   Jan 
nary,  1865,  for  the  meeting  of  the  State  convention  at  Nashville 

As  the  anniversary  of  the  battle  of  New  Orleans,  the  8th  day  of  January, 
occurs  on  Sunday,  the  convention  will  nut  assemble  until  the  9th. 

The  committees  in  East  and  West  Tennessee  are  requested  to  make  a  simi 
lar  announcement  in  their  respective  districts, 

M.  M.  BRIEN, 
WM.  SPENCE, 
LEWIS  TILLMAN, 
A.  V.  S.  LINDSLEY, 
JOS.  S.  FOWLER, 
Executive  Committee  Middle  Tennessee, 
DECEMBER  5,  1864. 


The  convention  met  and  proposed  the  following  alterations  and  amendmen 
to  the  Stata  constitution : 

PROPOSED  ALTERATIONS  AND  AMENDMENTS  TO  THE  CONSTITUTION. 

Whereas  the  first  article  and  the  first  section  of  the  declaration  of  rights  in 
the  constitution  of  the  State  of  Tennessee  declares  "  that  all  power  is  inherent 
in  the  people,  and  all  free  governments  are  founded  on  their  authority,  and 
instituted  for  their  peace,  safety,  and  happiness ;  and  for  the  advancement  of 
these  ends  they  have  at  all  times  an  inalienable  and  indefeasible  right  to  alter, 
reform,  or  abolish  the  government  in  such  manner  as  they  may  think  proper," 
we,  the  people  of  the  State  of  Tennessee  and  of  the  United  States  of  America 
in  convention  assembled,  do  propound  the  following  alterations  and  amendments 
to  the  constitution,  which,  when  ratified  by  the  sovereign  loyal  people,  shall  be 
and  constitute  a  part  of  the  permanent  constitution  of  the  State  of  Tennessee. 

ARTICLE  I. 

SECTION  1.  That  slavery  and  involuntary  servitude,  except  as  a  punishment 
for  crime,  whereof  the  party  shall  have  been  duly  convicted,  are  hereby  forever 
abolished  and  prohibited  throughout  the  State. 

SEC.  2  The  legislature  shall  make  no  law  recognizing  the  right  of  property  in 
man. 

SCHEDULE. 

SECTION  1.  Section  31  of  the  second  article  of  the  constitution,  which  is  as 
follows,  "  The  general  assembly  shall  have  no  power  to  pass  laws  for  the  eman 
cipation  of  slaves,  without  the  consent  of  their  owner  or  owners,"  is  hereby 
abrogated. 

SEC.  2.  "  The  declaration  of  independence  and  ordinance  dissolving  the 
federal  relations  between  the  State  of  Tennessee  and  the  United  States  of 
America,"  passed  and  promulgated  by  the  legislature  of  Tennessee  on  the  6th 
day  of  May,  1861,  by  which  the  State  was  declared  separated  from  the  federal 
Union,  and  all  laws  and  ordinances  by  which  Tennessee  became  a  member  of  the 
federal  Union,  annulled  and  abrogated,  was  in  like  manner  an  act  of  treason 
and  usurpation,  unconstitutional,  null  and  void. 

SEC.  3.  The  convention,  agreement,  and  military  league  entered  into  by  the 
commissioners  of  the  State  of  Tennessee  and  the  commissioners  of  the  so-called 


RECONSTRUCTION TENNESSEE.  7 

Confederate  States  of  America,  made  May  7,  1861,  and  on  the  same  day  ratified 
and  confirmed  by  the  legislature,  was  an  act  of  treason  and  usurpation,  uncon 
stitutional,  null  and  void. 

SEC.  4.  No  statute  of  limitations  shall  be  held  to  operate  from  and  after  the 
6th  day  of  May,  1861,  until  such  time  hereafter  as  the  legislature  may  prescribe, 
nor  shall  any  writ  of  error  be  refused  or  abated  in  any  cause  or  suit  decided 
since  the  6th  day  of  May,  1861,  and  prior  to  this  time,  by  reason  of  any  lapse 
of  time.  And  in  all  actions  for  torts  brought,  or  which  may  hereafter  be  brought 
in  the  courts  in  this  State  by  attachment  levied  upon  the  property  of  the  de 
fendant,  the  court  shall  have  power  to  proceed  to  judgment  and  collection  of  the 
same,  as  upon  contracts,  without  personal  service  of  process  upon  the  defendant, 
until  the  legislature  may  see  fit  to  change  the  law  in  such  cases. 

SEC.  5.  All  laws,  ordinances,  ami  resolutions,  as  well  as  all  acts  done  in  pur 
suance  thereof,  under  the  authority  of  the  usurped  State  government  after  the 
declared  independence  of  the  State  of  Tennessee,  on  or  after  the  6th  day  of 
May,  1861,  were  unconstitutional,  null  and  void  from  the  beginning:  Provided, 
That  this  section  shall  not  be  construed  as  to  affect  any  judicial  decisions  made 
by  the  State  courts  held  at  times  differing  from  those  provided  by  law  prior  to 
May  6,  1861 ;  said  judicial  decisions  being1  made  pursuant  to  the  laws  of  the 
State  of  Tennessee  enacted  previous  to  said  date,  and  between  parties  present 
in  court  and  litigating  their  rights. 

SEC.  6.  All  laws,  ordinances,  and  resolutions  of  the  usurped  State  government, 
passed  on  or  after  the  6th  day  of  May,  1861,  providing  for  the  issuance  of  State 
bonds,  also  all  notes  of  the  Bank  of  Tennessee,  or  any  of  its  branches,  issued 
on  or  after  the  6th  day  of  May,  1861,  and  all  debts  created  or  contracted  in  the 
name  of  the  State  by  said  authority,  are  unconstitutional,  null  and  void;  and  no 
legislature  shall  hereafter  have  power  to  pass  any  act  authorizing  the  payment 
of  said  bonds  or  debts,  or  providing  for  the  redemption  of  said  notes. 

SEC.  7.  All  civil  and  military  officers  which  have  been  or  may  hereafter  be 
appointed  by  the  acting  governor  of  the  State,  are  hereby  ratified  and  affirmed, 
and  they  shall  continue  to  hold  and  exercise  the  functions  of  their  respective 
offices  until  their  successors  shall  be  elected  or  appointed,  and  qualified  as  pre 
scribed  by  the  laws  and  Constitution  of  the  State  and  United  States. 

SEC.  8.  That  the  proposed  amendments  to  the  Constitution,  and  the  schedule 
thereto,  be  submitted  to  the  people  at  the  ballot-box,  on  the  22d  day  of  Febru 
ary  next,  and  that  upon  the  adoption  thereof,  by  the  people,  an  election  shall  be 
held  on  the  4th  day  of  March  next,  for  governor  and  members  of  the  legislature, 
the  latter  to  be  voted  for  by  general  ticket,  upon  the  basis  prescribed  in  the  act 
apportioning  representation  in  the  State,  passed  on  the  19th  day  of  February, 
1852,  to  assemble  at  the  capitol  on  the  1st  Monday  in  April  next,  said  officers 
to  continue  in  office  until  their  successors  shall  be  elected  and  qualified,  under 
the  regular  biennial  election  of  1867. 

Provided,  That  said  apportionment  be  so  modified  as  to  give  to  the  counties 
of  Johnson,  Carter,  Campbell,  Anderson,  Union,  Sevier,  Macon,  and  Hancock, 
each  one  member,  and  the  district  composed  of  the  counties  of  Fentress,  Mor 
gan,  Scott,  and  Cumberland,  one  additional  member  in  the  House  of  Represen 
tatives. 

SEC.  9.  The  qualifications  of  voters  and  the  limitation  of  the  elective  fran 
chise  may  be  determined  by  the  general  assembly,  which  shall  first  assemble 
under  the  amended  Constitution. 

RESOLUTIONS. 

Resolved,  That  at  the  election  in  February  those  in  favor  of  the  foregoing 
amendments  and  schedule  shall  deposit  a  ballot  on  which  shall  be  written 
"Ratification,"  and  those  who  are  opposed  shall  deposit  a  ballot  on  which  shall 
be  written  "Rejection." 


8  RECONSTRUCTION TENNESSEE. 

Resolved,  That  when  the  above  amendments  of  the  constitution  of  the  State 
of  Tennessee  shall  be  submitted  to  the  people  of  the  State  for  their  ratification 
or  rejection,  and  at  the  first  election  held  under  said  constitution  as  amended,  if 
ratified  by  the  people,  no  person  shall  be  permitted  to  vote  unless  he  first  take 
the  following  o  th  at  the  polls;  and  the  name  of  each  voter  shall  be  written 
upon  the  back  of  his  ticket,  and  it  shall  be  the  duty  of  the  judges  and  clerks  of 
said  election  to  preserve  said  tickets  and  file  them  with  the  clerks  of  the  county 
courts  of  their  respective  counties  for  future  reference.  Provided,  That  this 
oath  shall  not  be  required  of  the  citizens  who  are  well  known  to  the  judges  of 
the  election  to  have  been  unconditional  Union  men.  Proridtd,  also,  That  voters 
otherwise  qualified  may  vote  within  any  county  of  the;  State,  and  if  in  the  mili 
tary  service,  wherever  they  may  be  on  the  day  of  election ;  and  that  the  com 
manding  officer  of  each  regiment,  battalion,  detachment,  battery,  or  hospital,  is 
empowered  to  hold  such  elections. 

Oath. — I  solemnly  swear  that  I  will  henceforth  support  the  Constitution  of 
the  United  States,  and  defend  it  against  the  assaults  of  all  its  enemies;  that  I 
am  an  active  friend  of  the  government  of  the  United  States,  and  the  enemy  of 
the  so-called  Confederate  States;  that  I  ardently  desire  the  suppression  of  the 
present  rebellion  against  the  government  of  the  United  States;  that  I  sincerely 
rejoice  in  the  triumph  of  the  armies  and  navies  of  the  United  States,  and  in  the 
defeat  and  overthrow  of  the  armies,  navies,  and  of  ;tll  armed  combinations  in 
the  so-called  Confederate  States;  that  I  will  cordially  oppose  all  armistices  or 
negotiations  for  peace  with  rebels  in  arms,  until  the  Constitution  of  the  United 
States,  and  all  laws  -and  proclamations  made  in  pursuance  thereof  shall  be  estab 
lished  over  all  the  people  of  every  State  and  Territory  embraced  within  the 
national  Union;  and  that  I  will  heartily  aid  and  assist  the  loyal  people  in  what 
ever  measures  may  be  adopted  for  the  attainment  of  those  ends ;  and  further, 
that  I  take  this  oath  freely  and  voluntarily  and  without  mental  reservation.  So 
help  me  God. 

Resolved,  That  the  returns  of  this  election  shall  be  made  to  the  secretary  of 
State,  and  the  result  be  declared  by  the  proclamation  of  the  acting  governor. 

Resolved,  That  the  convention  do  nominate  and  offer  to  the  people  a  candi 
date  for  governor,  and  that  the  delegates  from  the  several  senatorial  and  repre 
sentative  districts  be  requested  to  nominate  and  present  to  the  convention 
candidates  for  their  respective  districts,  to  be  placed  upon  the  general  legislative 
ticket :  Provided,  If  the  Union  people  of  any  district  shall  desire  to  make  another 
selection,  that  they  have  opportunity  to  do  so. 

Eesolccd,  That  it  shall  be  the  duty  of  the  executive  committee  to  fill  all 
vacancies  that  may  occur  in  the  list  of  candidates  and  officers  for  holding  elec 
tions  solicited  by  the  convention. 

Resolved,  That  the  names  of  such  as  may  be  selected  shall  be  forwarded  to- 
the  chairman  at  Nashville,  on  or  before  the  10th  day  of  February  next,  when 
the  chairman  shall  publish  the  complete  list  in  the  papers  of  the  State. 


GOVERNOR'S  PROCLAMATION. 

Whereas,  at  a  large  and  respectable  convention  of  the  free  and  loyal  people 
of  the  State  of  Tennessee,  begun  and  held  in  the  city  of  Nashville,  on  the  9th 
day  of  January,  1SG5,  certain  articles  amendatory  of  the  constitution  of  the 
State  and  the  schedule  thereto  appended,  were,  with  great  unanimity,  adopted 
and  propounded  to  the  people  for  ratification  or  rejection  on  the  22d  of  Febru 
ary,  1865 ;  and  whereas,  the  schedule  provides  that  in  the  event  of  the  ratifica 
tion  of  said  proposed  constitutional  amendments,  the  loyal  people  of  the  State 
shall,  on  the  4th  of  March  next  thereafter,  proceed  by  "  general  ticket,"  to  elect  a 
governor  arid  members  to  the  general  assembly,  to  meet  in  the  capitol  in  Nash- 


RECONSTRUCTION TENNESSEE.  9 

ville,  for  tie  transaction  of  public  business,  on  the  first  Monday  of  April,  1865 ; 
and  whe/^as,  the  convention  aforesaid,  acting  in  the  primary  and  sovereign 
capacity  of  the  people,  prescribed  certain  rules  and  regulations  under  which  the 
should  be  conducted,  and  designated,  in  many  of  the  counties,  certain 
Arsons  to  open  and  hold  the  same,  and  in  others  omitted  to  name  any  one, 
which,  to  avoid  confusion,  I  have,  as  far  as  practicable,  caused  to  be  supplied; 
and  in  addition  thereto,  and  for  the  purpose  of  more  effectually  carrying  out  the 
objects  of  the  convention  and  enabling  the  sovereign  loyal  people  of  the  State 
to  express  their  judgment  freely  and  fully  on  the  grave  question  submitted  to 
their  decision: 

Therefore,  I,  Andrew  Johnson,  military  governor  of  the  State  of  Tennessee, 
by  virtue  of  the  power  and  authority  in  me  vested,  do  hereby  declare  that  the 
several  persons  in  the  proceedings  of  the  convention  named  and  appointed  to 
open  and  hold  the  elections  therein  provided  for,  are  hereby  empowered  and 
directed  to  open  and  hold  said  elections  in  person  in  their  respective  counties, 
wherever  practicable,  and  to  appoint  and  qualify,  if  necessary,  such  judges  and 
inspectors  of  elections  and  other  officers,  as  may  be  necessary  to  open  the  polls 
and  conduct  the  elections  in  such  other  parts  of  their  respective  counties  as  the 
convenience  of  the  people  may  require,  and  to  make  returns  to  the  secretary  of 
the  State,  as  provided  by  the  third  resolution  of  the  convention,  as  nearly  as 
practicable  in  conformity  to  the  act  of  assembly,  in  such  cases  made  and  provided. 

And  I  do  hereby  further  declare,  and  fully  authorize  and  direct  the  executive 
committee  appointed  in  each  grand  division  of  the  State,  and  referred  to  in  the 
fourth  and  fifth  resolutions  of  the  proceedings  of  said  convention,  to  supply, 
whenever  practicable,  the  places  of  all  such  persons  as,  for  any  cause,  may 
become  vacant  in  the  list  of  persons  hereinbefore  qualified  to  hold  said  elections ; 
and  in  such  cases,  when  it  is  not  convenient  or  practicable  for  vacancies  to  be 
filled  as  above  provided,  any  loyal  citizen  of  the  county  is  hereby  authorized 
and  empowered  to  open  and  hold  said  elections,  and  make  return  thereof,  which 
shall  be  as  valid  as  if  done  by  any  of  the  persons  hereinbefore  mentioned. 

I  do  furthermore  authorize  and  empower  the  commanding  officer  of  each 
regiment,  battalion,  detachment,  battery,  or  hospital  of  Tennessee  troops, 
wherever  they  may  be  on  the  day  of  said  elections,  to  open  and  hold  elections 
for  their  respective  command^  or  hospitals,  and  make  due  return  thereof,  under 
the  same  rules  and  regulations  above  prescribed. 

Here  I  might  well  close  this  proclamation,  but  I  will  be  pardoned  for  adding 
that  the  action  of  the  convention  is  wisely  submitted  to  the  loyal  people — the 
true  source  of  all  political  power — for  approval;  and  I  feel  assured,  as  they 
appreciate  the  restoration  of  good  government,  and  the  protection  of  their  lives 
and  property,  they  will  not  hesitate  to  come  forward,  as  one  man,  and  with  one 
voice  ratify  and  confirm  the  action  of  the  convention.  We  have  been,  in  Ten 
nessee,  torn  asunder  by  civil  war,  and  all  our  public  and  private  interests  broken 
down,  and  the  folly  of  the  rebellion  has  surely  been  sufficiently  demonstrated  to 
admonish  all  classes  that  they  can  no  longer  live  in  hostility  to  the  national 
government,  and  ought  no  longer  t-.>  remain  without  civil  authority  in  the  State. 
Strike  down  at  one  blow,  the  institution  of  slavery — remove  the  disturbing 
element  from  your  midst,  and  by  united  action  restore  the  State  to  its  ancient 
moorings  again,  and  you  'may  confidently  expect  the  speedy  return  of  peace, 
happiness  and  prosperity. 

In  testimony  whereof,  I,  Andrew  Johnson,  military  governor  of  Tennessee, 
do  hereunto  set  my  hand,  and  cause  the  great  seal  of  the  State  to  be  affixed  at  the 
executive  office,  in  the  city  of  Nashville,  on  this  the  26th  day  of  January,  1865. 

ISEAL.I  ANDREW  JOHNSON. 


1 0  RECONSTRUCTION — TENNESSEE. 

OFFICIAL    DECLARATION    OF    THE    RATIFICATION  OF    THE  AMENDMENTS  TO  THE 
CONSTITUTION GOVERNOR'S  PROCLAMATION. 

Whereas,  the  convention  that  recently  assembled  in  the  city  of  Nashville 
proposed  certain  alterations  and  amendments  to  the  constitution  of  the  State  of 
Tennessee,  and  the  schedule  thereto  appended,  which,  by  the  direction  of  the 
convention,  were  submitted  to  the  people  at  the  ballot-box  on  the  22d  instant, 
and  by  them  ratified  and  confirmed;  and  whereas  the  convention  further  pro 
vided,  that  in  the  event  of  the  adoption  of  "the  amendments  to  the  constitution, 
and  ihe  schedule  thereto,"  an  election  for  governor  and  members  of  the  legisla 
ture  should  be  held  on  the  4th  of  March  next  following,  to  assemble  at  the 
capitol  in  Nashville  on  the  first  Monday  in  April  next  thereafter;  and  whereas 
the  returns  of  the  election  for  the  ratification  or  rejection  of  the  proposed  amend 
ments  of  the  constitution  were,  by  the  3d  resolution  adopted  by  the  convention, 
to  be  made  to  the  secretary  of  State,  and  the  result  declared  by  proclamation  of 
the  acting  governor;  and  whereas  complete  returns  have  not  been  yet  made 
as  provided  by  the  foregoing  resolution,  but  enough  is  already  ascertained  to 
place  the  result  of  the  election  beyond  all  doubt,  and  fully  to  justify  the  an 
nouncement  that  the  following  articles  amendatory  of  the  constitution  of  the 
State  and  schedule  thereto  appended  have  been  adopted  by  the  people,  viz : 

"ARTICLE  I. 

"SECTION  1.  Slavery  and  involuntary  servitude,  except  as  a  punishment  for 
crime,  whereof  the  party  shall  have  been  duly  convicted,  are  hereby  forever 
abolished  and  prohibited  throughout  the  State. 

"SEC.  2.  The  legislature  shall  make  no  law  recognizing  the  right  of  property 
in  man. 

"SCHEDULE. 

"SECTION  1.  Section  31  of  the  second  article  of  the  constitution,  which  is  as 
follows  :  '  The  general  assembly  shall  have  no  power  to  pass  laws  for  the  eman 
cipation  of  slaves,  without  the  consent  of  their  owner  or  owners,'  is  hereby 
abrogated. 

"SEC.  2.  <  The  declaration  of  independence  an* ordinance  dissolving  the  fed 
eral  relations  between  the  State  of  Tennessee  and  the  United  States  of  America,' 
passed  and  promulgated  by  the  legislature  of  Tennessee  on  the  6th  day  of  May, 
1861,  by  which  the  State  was  declared  separated  from  the  federal  Union,  and 
all  laws  and  ordinances  by  which  Tennessee  became  a  member  of  the  federal 
Union  annulled  and  abrogated,  was  in  like  manner  an  act  of  treason  and  usur 
pation,  unconstitutional,  null,  and  void. 

"SEC.  3.  The  convention,  agreement,  and  military  league,  entered  into  by 
the  commissioners  of  the  State  of  Tennessee  and  the  commissioner  of  the  so- 
called  Confederate  States  of  America;  made  May  7,  1861,  and  on  the  same  day 
ratified  and  confirmed  by  the  legislature,  was  an  act  of  treason  and  usurpatiou, 
unconstitutional,  null,  and  void. 

"SEC.  4.  No  statute  of  limitations  shall  be  held  to  operate  from  and  after  the 
6th  day  of  May,  1861,  until  such  time  hereafter  as  the,  legislature  may  prescribe, 
nor  shall  any  writ  of  error  be  refused  or  abate  in  any  cause  or  suit  decided 
since  the  6th  day  <>f  .May,  1861,  and  prior  to  this  time,  by  reason  of  any  lapse 
of  time.  And  in  all  actions  for  torts  brought,  or  which  may  hereafter  be  brought 
in  the  courts  of  this  State  by  attachment  levied  upon  the  property  of  the  de 
fendant,  the  courts  shall  have  power  to  proceed  to  judgment  and  collection  of 
the  same  as  upon  contracts,  without  personal  service  of  process  upon  the  de 
fendant,  until  the  legislature  may  see  fit  to  change  the  law  in  such  cases. 

"SEC.  5.  All  laws,  ordinances*  and  resolutions,  as  well  as  all  acts  done  in 


RECONSTRUCTION — TENNESSEE.  1 1 

pursuance  thereof,  under  the  authority  of  the  usurped  State  government  after 
the  declared  independence  of  the  State  of  Tennessee,  on  or  after  the  iSth  day  of 
May,  1861,  were  unconstitutional,  null,  and  void,  from  the  beginning  :  Provided, 
That  this  section  shall  not  be  construed  as  to  affect  any  judicial  decisions  made 
by  the  State  courts,  held  at  times  differing  from  those  provided  by  law,  prior  to 
May  6,  1861;  said  judicial  decisions  being  made  pursuant  to  the  laws  of  the 
State  of  Tennessee  enacted  previous  to  said  date,  and  between  parties  present 
in  court  and  litigating  their  rights. 

"  SEC.  6.  All  laws,  ordinances,  and  resolutions  of  the  usurped  State  govern 
ment,  passed  on  or  after  the  6th  day  of  May,  1861,  providing  for  the  issuance 
of  State  bonds  ;  also  all  notes  of  the  Bank  of  Tennessee,  or  any  of  its  branches, 
issued  on  or  after  the  6th  day  of  May,  1861,  and  all  debts  created  or  contracted 
in  the  name  of  the  State  by  said  authority,  are  unconstitutional,  null,  and  void; 
and  no  legislature  shall  hereafter  have  power  to  pass  any  act  authorizing  the 
pr.yment  of  said  bonds  or  debts,  or  providing  for  the  redemption  of  said  notes. 

"  SEC.  7.  All  civil  and  military  officers  who  have  been  or  may  hereafter  be 
appointed  by  the  acting  governor  of  the  State,  are  hereby  ratified  and  affirmed, 
and  they  shall  continue  to  hold  and  exercise*  the  functions  of  their  respective 
offices  until  their  successors  shall  be  elected  or  appointed  and  qualified  as  pre 
scribed  by  the  laws  and  constitution  of  the  State  and  United  States. 

"  SEC.  8.  The  proposed  amendments  to  the  constitution,  and  the  schedule 
thereto,  shall  be  submitted  to  the  people  at  the  ballot-box  on  the  22d  day  of 
February  next,  and  upon  the  adoption  thereof  by  the  people  an  election  shall 
be  held  on  the  4th  day  of  March  next  for  governor  and  members  of  the  legisla 
ture,  the  latter  to  be  voted  for  by  general  ticket,  upon  the  basis  prescribed  in 
the  act  apportioning  representation  in  the  State,  passed  on  the  19th  day  of 
February,  1852,  to  assemble  at  the  capitol  on  the  first  Monday  in  April  next, 
said  officers  to  continue  in  office  until  their  successors  shall  be  elected  and  quali 
fied  under  the  regular  biennial  election  of  1867 :  Provided,  That  said  appor 
tionment  be  so  modified  as  to  give  to  the  counties  of  Johnson,  Carter,  Campbell, 
Anderson,  Union,  Sevier,  Macon,  and  Hancock  each  one  member,  and  the  dis 
trict  composed  of  the  counties  of  Fentress,  Morgan,  Scott,  and  Cumberland  one 
additional  member  in  the  house  of  representatives. 

"  SEC.  9.  The  qualification  of  voters  and  the  limitation  of  the  elective  fran 
chise  may  be  determined  by  the  general  assembly  which  shall  first  assemble 
under  the  amended  constitution." 

And  whereas  the  time  at  which  it  is  provided  the  election  for  governor  and 
members  of  the  general  assembly  shall  be  held  is  so  near  at  hand  that  I  deemed 
it  proper,  in  advance  of  full  returns,  to  declare  the  result  of  the  election  adopting 
the  constitutional  amendments  : 

Therefore,  I,  Andrew  Johnson,  military  and  acting  governor  of  the  State  of 
Tennessee,  by  virtue  of  the  power  and  authority  in  me  vested,  do  hereby  de 
clare  that  the  foregoing  alterations  and  amendments  to  the  constitution  of  the 
State  of  Tennessee,  and  the  schedule  thereto  annexed,  have  been  ratified  and 
confirmed  by  the  vote  of  the  people  of  the  State,  and  that  said  articles  now  con 
stitute  a  part  of  the  permanent  constitution  and  supreme  law  of  the  State  of 
Tennessee,  and  as  such  are  hereafter  to  be  so  held  and  regarded  by  the  people 
thereof. 

And  I  do  hereby  further  declare  and  fully  authorize  and  direct  the  several 
persons  in  the  proceedings  of  the  late  convention  named  and  appointed  to  open 
and  hold  the  election  for  the  ratification  or  rejection  of  the  amendments  to  the 
constitution,  to  open  and  hold  an  election  for  governor  and  members  to  the  gen 
eral  assembly,  as  in  the  schedule  prescribed,  on  the  4th  of  March  next;  and 
they  are  hereby  empowered  and  directed  to  open  and  hold  said  election,  in  per 
son,  in  their  respective  counties,  wherever  practicable,  and  to  appoint  and 
qualify,  if  necessary,  such  judges  and  inspectors  of  election,  and  other  officers, 


1 2  RECONSTRUCTION — TENNESSEE. 

as  may  be  necessary  to  open  the  polls  and  conduct  the  election  in  such  other 
parts  of  their  respective  counties  as  the  convenience  of  the  people  may  require; 
and  to  make  returns  to  the  secretary  of  state  as  provided  by  the  third  resolu 
tion  of  the  convention,  as  nearly  as  practicable  in  conformity  to  the  act  of  as 
sembly  in  such  cases  made  and  provided. 

And  I  do  hereby  further  declare,  and  fully  authorize  and  direct  the  executive 
committee,  appointed  in  each  grand  division  of  the  State,  and  referred  to  in  the 
fifth  resolution  of  the  proceedings  of  said  convention,  to  supply,  whenever  prac 
ticable,  the  places  of  all  such  persons  as  may  for  any  cause  become  vacant  in 
the  list  of  persons  hereinbefore  declared  qualified  to  hold  said  election  ;  and  in 
such  cases,  when  it  is  not  convenient  or  practicable  for  vacancies  to  be  filled  as 
above  provided,  any  loyal  citizen  of  the  county  is  hereby  authorized  and  em 
powered  to  open  and  hold  said  election,  and  make  returns  thereof,  which  shall 
be  as  valid  as  if  done  by  any  of  the  persons  hereinbefore  mentioned. 

I  do  further  authorize  and  empower  the  commanding  officer  of  each  regiment, 
battalion,  detachment,  battery,  or  hospital  of  Tennessee  troops,  wherever  they 
may  be  on  the  day  of  election,  to  open  and  hold  an  election  for  their  respective 
commands  or  hospitals,  and  make  clue  return  thereof  under  the  same  rule  and 
regulations  above  prescribed. 

In  closing  this  proclamation,  I  sincerely  congratulate  the  people  of  Tennessee 
on  the  happy  result  of  the  election,  and  the  opening  prospects  of  a  speedy  and 
permanent  reorganization  of  the  State  government.  For  nearly  three  years,  in 
the  midst  of  dangers  and  difficulties  the  most  complicated  and  perplexing,  I 
have  labored  to  restore  the  State  to  its  former  proud  position  in  the  Union. 
My  constant  effort  has  been  to  save  it — not  to  destroy  it;  but  the  rebellious 
sentiments  of  the  people  often  interposed  obstacles  which  had  to  be  overcome  by 
military  power.  The  task  was  painful,  but  the  duty  has  been  performed,  and 
the  result  has  passed  into  history.  Time,  I  arn  happy  to  say,  has  greatly  calmed 
the  passions  of  the  people,  and  experience  restored  them  to  reason.  The  folly 
of  destroying  their  government,  and  sacrificing  their  sons  to  gratify  the  mad 
ambition  of  political  leaders,  needs  no  longer  to  be  told  to  the  laboring  masses. 
The  wasted  estates,  ruined  and  dilapidated  farms,  vacant  seats  around  the 
hearthstone,  prostrate  business,  insecurity  of  property,  and  even  life  itself,  every 
where  proclaim  it  in  language  not  to  be  misunderstood. 

But  all  is  not  lost.  A  new  era  dawns  upon  the  people  of  Tennessee.  They 
enter  upon  a  career  guided  by  reason,  law,  order,  and  reverence.  The  reign  of 
brnte  force  and  personal  violence  has  passed  away  forever.  By  their  own 
solemn  act,  at  the  ballot-box,  the  shackles  have  been  formally  stricken  from  the 
limbs  of  more  than  275,000  slaves  in  the  State.  The  unjust  distinctions  in  so 
ciety,  fostered  by  an  arrogant  aristocracy,  based  upon  human  bondage,  have 
been  overthrown,  and  our  whole  social  system  reconstructed  on  the  basis  of 
honest  industry  and  personal  worth.  Labor  shall  now  receive  its  merited  re 
ward,  and  honesty,  energy,  and  enterprise  their  just  appreciation.  Capital  here 
tofore  timid  and  distrustful  of  success  may  now  confidently  seek  remunerative 
and  permanent  investments  in  the  State.  Public  schools  and  colleges  begin 
anew  their  work  of  instruction,  upon  a  broader  and  inoje  enduring  basis.  The 
foundations  of  society,  under  the  change  in  the  constitution,  are  in  harmony 
with  the  principles  of  free  government  and  the  national  Union  ;  and  if  the 
people  are  true  to  themselves — true  to  the  State — and  loyal  to  the  federal 
government,  they  will  rapidly  overcome  the  calamities  of  the  war,  and  raise  the 
State  to  a  power  and  grandeur  not  heretofore  even  anticipated.  Many  of  its 
vast  resources  lie  undiscovered,  and  it  requires  intelligent  enterprise  and  free 
labor  alone  to  develop  them,  and  clothe  the  State  with  a  richness  and  beauty 
surpassed  by  none  of  her  sisters. 


RECONSTRUCTION TENNESSEE.  1 3 

In  testimony  whereof,  I,  Andrew  Johnson,  military  and  acting  governor  of 
Tennessee,  do  hereunto  set  my  hand  and  cause  the  great  seal  of  the  State  to  be 
affixed,  at  the  executive  office,  in  Nashville,  on  this  25th  day  of  February,  A.  D. 
1865. 

[SEAL.]  ANDREW  JOHNSON. 


GOVERNOR'S  MESSAGE. 
.  i 

EXECUTIVE  DEPARTMENT, 

Nashville,  April  6,  1865. 

Gentlemen  of  the  Senate  and  House  of  Representatives : 

In  accordance  with  long  established  custom,  and  in  obedience  to  the  require 
ments  of  the  constitution,  it  becomes  my  duty  to  communicate  to  the  legislature 
the  condition  of  the  State,  and  to  recommend  for  their  consideration  such  matters 
as  I  may  deem  expedient. 

When  we  contemplate  the  distracted  condition  of  the  country,  the  four  dread 
ful  years  of  trial  through  which  we  have  passed,  and  the  manner  in  which  it 
has  been  preserved,  our  minds  naturally  turn  to  Him  whose  care  has  been  over 
us,  who  has  protected  and  preserved  us  through  scenes  of  blood  and  carnage 
unprecedented  in  the  history  of  wars.  For  the  preservation  of  our  lives  and 
certain  remnants  of  our  property  ;  for  the  care  and  protection  of  Providence 
over  those  who  have  gone  forth  to  battle,  and  are  still  risking  their  lives  in  de 
fence  of  the  principles  upon  which  our  happiness  and  property  rest ;  for  life, 
health,  food  and  raiment ;  for  our  safe  conduct  through  untold  changes,  by  a 
kind  Providence  ;  for  the  prospect  of  the  restoration  of  law  and  order  in  our 
distracted  State  ;  for  the  gleam  of  light,  looking  to  peace,  now  breaking  through 
the  clouds  that  have  enveloped  us  for  the  four  years  past ;  for  these  and  numer 
ous  other  blessings  of  which  we  have  been  the  recipients,  let  us,  in  all  humility 
and  sincerity,  render  thanks  to  Almighty  God,  and  let  us  earnestly  implore  a 
continuance  of  his  favor. 

Secession  is  an  abomination  that  I  cannot  too  strongly  condemn,  and  one  that 
you  cannot  legislate  against  with  too  much  severity.  What  has  it  done  for  our 
country  in  the  space  of  four  years!  It  has  plunged  our  country  into  civil  war, 
paralyzed  our  commerce,  destroyed  our  agricultural  pursuits,  suspended  the 
whole  trade  and  business  of  our  country,  lessened  the  value  of  our  property, 
destroyed  many  of  the  pursuits  of  life,  and  has  involved  the  South  in  irretriev 
able  bankruptcy  and  ruin. 

What  has  it  done  for  Tennessee  ?  It  has  formed  odious  and  unconstitutional 
military  leagues,  passed  military  bills,  and  inaugurated  a  system  of  oppressive 
taxation,  without  consulting  the  people,  and  then,  in  mockery  of  a  free  election, 
has  required  them  by  their  votes  to  sanction  its  usurpation,  at  the  point  of  the 
bayonet,  under  the  penalty  of  imprisonment  and  death.  It  has  offered  a  pre 
mium  for  crime,  in  ordering  the  discharge  of  culprits  from  prison,  on  condi 
tion  that  they  would  enter  the  rebel  army,  and  in  recommending  the  judges  to 
hold  no  courts  for  the  trial  of  offenders.  It  has  stained  our  statute  book  with 
the  repudiation  of  honest  northern  debts,  and  has  palpably  violated  the  Con 
stitution,  by  attempting,  through  its  unlawful  extensions,  to  do  away  with  the 
right  of  suffrage.  It  has  passed  laws  making  it  treason  to  say  or  do  anything 
in  favor  of  the  government  of  the  United  States,  or  against  the  so-called  Con 
federate  States.  It  has  prostrated  and  overthrown  the  freedom  of  speech  and 
of  the  press  ;  it  has  involved  the  whole  South  in  a  war  whose  success  is  now 
proven  to  be  utterly  hopeless,  and  which,  ere  another  year  roll  round,  must  lead 
to  the  ruin  of  the  common  people.  Its  bigoted,  murderous,  and  intolerant  spirit 


14  RECONSTRUCTION TENNESSEE. 

has  subjected  the  people  of  Tennessee  to  many  grievances.  Our  people  have 
been  arrested  and  imprisoned  ;  our  houses  have  been  rudely  entered  and  shame 
fully  pillaged ;  our  families  have  been  subjected  to  insults  ;  our  women  and 
children  have  been  tied  up  and  scourged,  or  shot  by  a  ruffian  soldiery ;  our 
towns  have  been  pillaged  ;  our  citizens  have  been  robbed  of  their  horses,  mules, 
grain,  and  meat,  and  many  of  them  assassinated  and  murdered. 

Hundreds,  yes,  thousands  of  our  young  men,  middle-aged  and  old  men,  have 
been  driven  from  our  State,  and  compelled  to  enter  the  federal  army,  in  strange 
regiments,  and  their  bones  now  lie  bleaching  upon  the  many  battle-fields  of  the 
south  and  west,  and  all  this  because  our  people  were  true  to  the  traditions  of 
their  fathers,  and  refused  to  worship  rebel  gods.  And  to  the  honor  of  the  peo 
ple  be  it  known,  that  more  regiments  to-day  swell  the  number  of  the  armies  of 
the  Union  than  there  are  living  traitors  in  the  ranks  of  the  enemy. 

In  this  once  proud  capital  of  the  "Volunteer  State,"  there  have  been  thou 
sands  of  Union  refugees,  men,  women,  and  children,  broken-hearted,  naked  and 
starving;  a  great  many  are  here  still.  They  have  fled  from  the  wicked  and 
murderous  guerillas,  after  being  robbed  of  everything  they  possessed.  They 
have  lived  in  camps  or  tents,  by  fires  in  the  open  woods,  have  dragged  out  a 
miserable  existence  for  a  time,  and  died  among  strangers.  Hundreds  have  suf 
fered  from  actual  want  of  necessary  food,  shelter,  and  clothing,  while  many  res 
idences  in  this  rebellious  city  have  been  occupied  by  the  families  of  those  who 
were  fighting  against  their  country,  or,  being  citizen  rebels,  and  home  traitors, 
have  fled  within  the  rebel  lines.  These  families  have  remained  here  protected, 
and  have  wielded  an  over-ruling  social  influence.  Many  of  them  are  wealthy, 
and  live  in  ease  and  comfort.  They  have  busied  themselves  in  giving  informa 
tion  to  the  enemy,  in  carrying  delicacies  to  rebel  prisoners  who  have  been  con 
fined  here  for  their  crimes  and  treason.  And  it  is  stated  upon  undoubted  au 
thority,  and  the  fact  is  notorious  in  this  capital,  that  the  disloyal  families  never 
contributed  in  the  slightest  degree  to  the  relief  of  the  poor  and  distressed  women 
and  children,  or  disabled  soldiers  thrown  upon  this  population  by  the  operations 
of  the  war.  I  state  these  facts,  which  may  have  the  appearance  of  a  personal 
and  local  character,  that  you  may  know  how  to  shape  your  course  when  per 
sonal  and  local  legislation  is  called  for. 

I  have  the  honor  to  submit  to  the  general  assembly  of  the  State  of  Tennesee 
a  copy  of  a  joint  resolution  of  Congress,  passed  by  a  vote  of  two-thirds  of  each 
house,  entitled  "A  resolution  submitting  to  the  legislatures  of  the  several  States 
a  proposition  to  amend  the  Constitution  of  the  United  States,"  which  is  in  the 
following  words  : 

"Resolved  by  the.  Senate  and  House  of  Representatives  of  the  United  States 
in  Congress  assembled,  (two-thirds  of  both  houses  concurring  therein,)  That  the 
following  article  be  proposed  to  the  legislatures  of  the  several  States  as  an 
amendment  to  the  Constitution  of  the  United  States,  which,  when  ratified  by  the 
legislatures  of  three-fourths  of  said  States,  shall  be  valid  to  all  intents  and  pur 
poses  as  a  part  of  said  Constitution,  namely  : 

"ARTICLE  XIII. 

"  SECTION  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punish 
ment  for  crime,  whereof  the  party  shall  have  been  duly  convicted,  shall  exist 
within  the  United  States,  or  any  place  subject  to  their  jurisdiction. 

"SECTION  2.  Congress  shall  have  power  to  enforce  this  article  by  appro 
priate  legislation. 

"Approved,  February  1,  1SG3." 

The  slavery  question  here  comes  up  in  a  form  hitherto  not  discussed  in  our 
politics.  It  is  not  a  question  as  to  the  right  of  Congress  to  exclude  slavery 
irom  the  Territories,  to  legislate  upon  the  matter  themselves,  nor  does  it  involve 


RECONSTRUCTION TENNESSEE.  15 

thedscussion  of  any  doubtful  powers,  but  is  the  simple  proposition  to  amend  the 
Constitution  of  the  United  States  in  the  manner  prescribed  by  that  sacred  instru 
ment,  so  as  to  strike  down  the  monster  institution  which  has  embroiled  the 
government  for  half  a  century,  and  culminated  in  the  most  wicked,  uncalled  for 
and  bloody  war  known  to  the  history  of  the  civilized  world. 

Slavery,  secured  to  the  people  of  the  south  more  permanently  by  the  Consti 
tution  of  the  United  States,  and  the  laws  enacted  in  pursuance  thereof,  than 
any  species  of  property  claimed  by  them — not  even  excepting  their  lands — will 
now  perish  by  the  war  it  brought  about  to  enlarge  its  power  and  perpetuate 
its  existence.  Let  us  do  our  part  in  this  great  work  by  ratifying  the  action  of 
Congress,  and  carrying  out  the  wishes  of  our  people.  After  the  ratification  by 
the  people  of  our  State  of  our  amended  State  constitution,  embracing  the  same 
proposition,  and  after  your  election  to  the  general  assembly  on  this  platform,  and 
by  the  same  people,  I  have  not  considered  an  elaborate  argument  in  favor  of  the 
proposition  submitted  by  Congress  at  all  necessary.  I  may  be  allowed  to  say, 
however,  that  to  prohibit  slavery  in  a  State  requires  a  change  in  the  State  con 
stitution.  Pregnant  as  we  find  slavery  to  be  of  all  sorts  of  politicial  mischief,  it 
is  not  to  be  got  rid  of,  under  the  constitution,  in  any-  other  than  a  constitutional 
manner.  And,  while  the  sooner  this  can  be  done  the  better,  it  does  not  appear 
in  what  part  of  the  Constitution  of  the  United  States  the  power  of  regulating  it 
at  all,  in  times  of  peace,  is  to  be  found.  Fortunately  for  the  future  happiness 
of  the  country,  the  Constitution  has  provided  a  way  in  which  the  people  can 
remedy  the  evil,  without  any  questionable  exercise  of  power,  and  that  is  by 
.amending  the  Constitution,  just  as  Congress  has  proposed. 

Slavery  was  so  far  made  the  subject  of  constitutional  cognizance,  by  the 
people  of  the  United  States,  when  they  adopled  the  articles  of  confederation, 
that  it  found  a  place  in  the  compromises  of  that  instrument,  both  in  fixing  the 
ratio  of  representation  and  the  apportionment  of  direct  taxes  ;  and  also  in  requir 
ing  the  people  of  a  free  State  to  surrender  so  much  of  this  "sovereignty"  as  not 
to  have  the  right  to  protect  the  slave  that  sought  refuge  from  bondage — it  would 
seem  too  late  in  the  day  to  question  the  right  of  the  people  to  adopt  amendments 
to  that  instrument,  in  regard  to  this  or  other  subjects  embraced  in  its  provisions. 
It  becomes  us,  therefore,  to  approach  this  subject  with  an  enlightened  statesman 
ship,  and  with  a  decree  of  moral  courage  that  is  not  afraid  to  do  right,  appealing 
to  the  ultimate  judgment  of  mankind  to  vindicate  our  action. 

It  is  in  this  way,  and  in  no  other,  that  a  uniform  rule  can  be  provided,  and 
an  end  put  thereby,  in  all  time  to  come,  to  a  possibility  of  reviving  that  which 
has  been  the  fatal  cause  of  all  the  mischief  in  the  country.  To  insist  upon 
excluding  slavery  from  a  State  by  amending  her  constitution,  before  recognizing 
her  again  as  within  the  pale  of  the  Union,  would  look  awkward,  and  frill  below 
the  dignity  of  political  sagacity.  Our  State  has  shown  her  hand,  and  placed 
herself  square  upon  the  record ;  and  I  flatter  myself  that  her  representatives 
here  assembled  are  ready  for  a  measure  which  shall  forever  exclude  slavery 
from  the  United  States. 

Some  legislation  is  necessary  for  the  protection,  government  and  control  of 
the  emancipated  slaves  among  us.  When  this  war  is  over  a  portion  of  those 
who  fought  to  perpetuate  slavery  will  show  the  emancipated  slave  no  quarter, 
and  especially  that  class  of  slaves  who  have  been  rude  and  violent  toward  their 
former  owners.  What  the  character  of  this  legislation  should  be,  I  leave  the 
good-sense,  prudence  and  reflection  of  the  members  of  the  general  assembly  to 
determine. 

It  is  certainly  proper  and  right  for  the  legislature  of  Tennessee  to  determine 
to  what  extent  this  State  shall  be  overrun  with  the  emancipated  slaves  of  other 
States.  If  their  presence  in  any  State  is  a  blessing  they  should  be  distributed ; 
if  an  evil,  it  is  but  just  that  we  should  be  taxed  only  with  our  own  share  of  them. 
I  am,  myself,  the  advocate  of  providing  for  them  a  separate  and  appropriate 


16  RECONSTRUCTION TENNESSEE. 

amount  of  territory,  and  settle  them  down  permanently,  as  a  nation  of  freedmen. 
In  this  case,  as  in  most  others,  it  will  probably  be  well  to  guard  against  excep 
tive  legislation.  The  negro  has  had  no  agency  himself  ia  bringing  on  our 
troubles,  and  does  not  merit  unkind  treatment  at  our  hands. 

The  attention  of  the  legislature  is  earnestly  called  to  the  subject  of  the  roving 
bands  of  guerillas,  and  squads  of  robbers  and  murderers  who  frequent  those 
counties  and  portions  of  counties  remote  from  our  military  forces.  The  depre 
dations  and  murders  committed  by  them  are  of  such  frequent  occurrence  as  to 
have  created  a  general  feeling  of  insecurity  among  our  citizens,  causing  hun 
dreds  to  sacrifice  their  property,  and  abandon  their  homes  and  the  graves  of 
their  parents  and  loved  ones,  seeking  new  homes,  among  strangers  in  the  north 
western  States. 

The  criminal  laws  of  Tennessee  prior  to  the  rebellion  were  equal  to  the  de 
mands  of  justice  and  the  wants  of  society,  but  they  are  now  inadequate  in  both 
the  cases.  The  corruptions  of  the  rebellion  have  exhibited  themselves  in  every 
quarter,  and  the  effects  of  the  same  have  been  to  demoralize  all  classes  of  society, 
more  or  less,  calling  for  more  stringent  enactments,  so  as  to  meet  the  numerous 
cases  arising  in  our  country.  I  advise  that  horse  stealing,  house  breaking,  and 
highway  robberies  be  punished  with  death.  Let  the  proof  in  all  such  cases  be 
clear  and  unquestionable,  and  then  let  the  offenders  be  hung,  even  for  the  first 
offence.  This  character  of  a  law  will  close  out  all  these  acts  of  perfidy  which 
now  render  life  and  property  insecure,  more  or  less  in  all  counties  of  the  State; 
and,  when  the  necessary  reform  is  had,  a  future  legislature  can  repeal  or  amend 
the  statute.  Such  a  law  may  look  to  others  like  a  bloody  act,  but  it  can  never 
affect  injuriously  an  honest  man  or  a  law-abiding  citizen.  And  you,  gentlemen, 
should  feel  no  concern  for  the  opposite  class  of  men  but  to  punish  and  reform 
them. 

The  attention  of  the  legislature  is  especially  directed  to  the  militia  laws  of 
the  State.  The  occurrences  of  the  past  four  years  have  disclosed  the  fact  that 
our  militia  laws,  as  they  now  are,  are  very  imperfect,  and  need  further  amend 
ments  to  make  them  effective.  The  State  arms  were  carried  into  the  rebellion, 
through  the  influence  of  the  bad  men  in  authority  four  years  ago,  and  through 
out  the  length  and  breadth  of  the  State  she  has  not  arms  enough  to  arm  a  cap 
tain's  company.  This  deficiency  should  be  provided  for  at  once.  I  have  no 
doubt  that  the  federal  government,  upon  a  fair  presentation  of  the  case,  would 
come  to  our  relief  with  a  liberal  hand. 

If,  in  the  wisdom  of  the  legislature,  an  efficient  military  force,  over  and  above 
what  is  provided  for  in  general  terms,  should  be  placed  at  the  disposal  of  the 
executive,  I  suggest  an  appropriation  for  military  contingent  expenses.  In  any 
rate,  the  legislature  would  do  well  to  pass  an  act  providing  for  a  military  contin 
gent  fund,  of  a  moderate  character,  confiding  it  under  the  control  of  the  execu 
tive,  and  making  it  his  duty  to  report  to  the  legislature  at  each  session.  Should 
there  be  no  use  for  the  fund,  the  executive  will,  of  course,  make  no  drafts  upon 
it,  and  it  will  be  his  pleasure  to  report  that  the  money  belonging  to  the  military 
contingent  fund  remains  in  the  State  treasury  unexpended. 

I  am  aware  that  a  proposition  to  increase  the  salaries  of  public  officers  in  the 
State  will  meet  with  opposition  ;  that  it  is  not  a  popular  measure,  and  that  dem 
agogues  will  use  such  a  vote  upon  the  stump  against  members  voting  for  an  in 
crease.  Acting  alone  from  a  sense  of  duty,  and  desiring  to  see  justice  done  to 
those  patriotic  men  who  are  serving  the  State,  I  suggest  an  increase  in  the  pay 
of  all  civil  officers  whose  compensation  is  fixed  by  law.  Supreme  judges  should 
be  paid  a  salary  of  $5,000  ;  chancellors  and  circuit  judges  should  be  allowed 
$3,000,  and  the  treasurer,  comptroller,  secretary  of  state,  attorney  general,  and 
other  officers  should  be  allowed  a  corresponding  increase  in  their  salaries.  And 
I  respectfully,  but  frankly,  suggest  that  the  pay  of  members  of  the  general  as- 


RECONSTRUCTION — TENNESSEE.  1 7 

sembly  be  increased,  and  the  more  so  as  such  increase  could  not  take  effect 
during  your  term  of  office. 

It  is  folly  to  think  of  a  man  in  public  office  now  supporting  his  family  on  the 
salary  he  received  four  and  five  years  ago.  Boarding,  clothing,  meats,  vegeta 
bles — in  fact,  everything  has  increased  to  twice  former  prices.  And  yet  the  wages 
of  the  public  officers  are  down  at  the  old  prices.  If  any  one  of  the  incumbents 
named  is  worthy  of  his  office  he  is  worthy  of  a  support  from  that  office.  His 
pay  should  be  made  equal  to  his  necessary  expenses.  The  State  cannot  reason 
ably  expect  a  man  to  devote  his  individual  time  and  his  whole  energies  and 
talents  to  an  office,  when  the  salary  of  such  office  will  not  defray  the  necessary 
expenses  of  his  family.  Gentlemen  capable  of  filling  such  offices  are  capable 
of  supporting  themselves  in  other  vocations,  and  it  is  obvious  that  they  will  be 
forced  to  turn  their  attention  to  other  pursuits  in  order  to  gain  a  livelihood. 
The  increase  of  such  salaries  will  add  something  to  our  taxes,  but  the  amount 
will  be  so  small  as  scarcely  to  be  felt  by  the  people.  I  doubt  not  they  will 
cheerfully  contribute  in  this  way  to  aid  in  sustaining  good  and  competent  men 
in  important  official  positions.  I  recommend,  therefore,  that  immediate  action 
be  taken  in  this  matter. 

The  financial  condition  of  the  State  demands  the  early  and  prompt  attention 
of  this  general  assembly.  The  reports  of  the  comptroller  and  treasurer  are  to 
October  1,  1861.  From  that  time  to  the  restoration  of  the  capital  to  the  national 
authority,  February  following,  and  the  flight  of  the  State  authorities,  the  infor 
mation  left  us  is  imperfect  and  insufficient.  The  subsequent  operations  will  ap 
pear  from  the  current  report  of  the  comptroller,  whose  high  character  for  integ 
rity  and  truth  commend  him  to  your  confidence.  The  balance  in  the  treasury 
011  the  1st  of  October,  1861,  according  to  the  treasurer's  report,  was  $185,496  69  ; 
besides,  warrants  for  payment  remain  in  the  treasury  for  $t30,401  04.  War 
rants  for  payment  out  of  the  treasury  had  been  issued  but  not  presented  for 
$145,417  12.  How  far  the  figures  were  modified  by  the  operations  of  the 
next  four  months  and  a  half,  to  the  middle  of  February,  1862,  I  have  no  infor- 
ation.  Except  the  military  expenses,  it  is  presumed  that  the  balance  was  not 
changed,  judging  from  the  uniformity  apparent  in  the  fiscal  operations  of  the 
preceding  four  years.  Since  that  time  Middle  and  West  Tennessee  have  been 
generally  within  the  federal  lines,  and  East  Tennessee  since  September  1,  1863. 
Governor  Johnson  has  occupied  the  capitol,  and  exercised  gubernatorial  juris 
diction  over  those  portions  of  the  State  held  by  federal  authority.  Governor 
Harris,  who  adhered  to  the  rebel  cause,  is  very  generally  understood  to  have 
collected  revenue  in  the  counties  within  their  military  lines.  The  comptroller 
will  be  found  to  have  given  in  his  report  the  financial  history  of  Governor  John 
son's  administration.  This  report  is  respectfully  submitted  for  your  careful 
consideration,  and  the  recommendations  of  that  officer  are  approved  by  me. 
What  moneys  were  collected  by  Governor  Harris  and  his  subordinates  I  am 
unable  to  state,  nor  am  I  prepared  to  say  that  it  is  important  for  you  to  inquire. 
It  will  be  a  matter  for  your  consideration  whether  the  arrearage  of  taxes  for  the 
past  four  years  shall  be  collected  in  whole  or  in  part.  The  principal,  if  not  the 
current,  liabilities  during  that  period  are  the  interest  on  the  State  debt.  The 
usual  payments  to  common  schools  and  academies,  and  to  several  charitable  in 
stitutions  cf  the  State,  were  not  made.  The  consequences  of  the  failure  would 
not  be  atoned  for  by  reaching  them  now.  The  same  is  substantially  true  of 
various  other  items  of  ordinary  expenditures. 

The  State  debt,  as  reported  by  the  comptroller  in  October,  1861,  is  said  to 
be  86,896,606  66,  and  this  demands  your  attention.  This  includes  $3,000,000 
of  eight  per  cent,  bonds  for  the  "defence  of  the  State,"  which  has  recently  been 
discarded  by  the  people  at  the  ballot-box.  This  unauthorized  and  most  unjust 
indebtedness  repudiated,  leaves  the  indebtedness  of  the  State  properly 
$3,896,006  06,  at  an  annual  interest  of  $212,388  25.  The  interest  is  presumed 
2  T 


18  RECONSTRUCTION TENNESSEE. 

to  have  been  paid  on  the  1st  of  January,  1861.  It  is  not  known  how  much  has 
since  been  paid,  if  any.  The  bonds  will  show,  either  by  the  indorsements  or 
the  absence  of  the  coupons.  Besides  this  debt  the  State  has  bonds  for  internal 
improvement  purposes,  and  has  indorsed  the  bonds  of  railroad  companies  to  the 
amount  of  $16,211,000.  For  these  the  State  is  ultimately  liable  upon  the 
failure  of  the  companies.  These  bonds  it  is  believed  the  State  will  have  to 
provide  for  to  preserve  its  credit,  making  an  aggregate  indebtedness  of 
$20,005,606  66,  and  the  annual  interest  $1,185,048  25.  Of  this  debt  proper 
$66,666  66  matured  in  1861,  $61,250  in  1862,  $177,750  in  1863,  and  $58,500 
in  1864 — in  all,  $366,166  66,  at  once  to  be  provided  for.  The  comptroller 
states  that  the  bonds  maturing  in  1861  were  "taken  possession  of  and  held  by 
the  State,  subject  to  adjustment  at  the  end  of  the  war."  Besides  these  the 
State  held  bonds,  mostly  her  own,  as  follows:  the  Spencer  T.  Hunt  fund,  6; 
the  railroad  sinking  fund,  161 ;  deposited  by  the  free  banks,  341 ;  deposited 
by  foreign  insurance  companies,  80  ;  and  in  all,  588  bonds.  These  bonds,  held 
in  trust,  were  carried  away,  it  is  believed,  with  the  valuables  of  the  State 
treasury,  by  the  State  officers,  who  ingloriously  fled  on  the  approach  of  the* 
national  flag.  Double  payment  can  probably  be  avoided.  Evidence  must  be 
in  existence  by  which  they  can  be  identified.  The  notorious  condition  of  our 
State  affairs  has  been  sufficient  to  put  dealers  upon  their  guard.  So  that  if  any 
of  the  bonds  have  been  fraudulently  sold,  payment  to  the  present  holders  may 
be  justly  stopped.  Furthermore,  it  will  be  well  to  consider  how  far  it  is  your 
duty  as  agents  of  the  State,  not  only  not  to  pay  the  bonds  held  by  those  who 
have  been  actively  engaged  in  the  rebellion  to  overthrow  the  government, 
whether  held  by  them  or  parties  who  may  seek  to  conceal  them  for  the  benefit 
of  the  rebels,  as  they  will  likely  do,  I  advise  that  you  adopt  measures  to  prevent 
their  payment.  The  bonds  can  in  no  event  compensate  for  the  loss,  the  disloyal 
holders  have  occasioned  the  State.  The  justice  of  holding  them  responsible  in 
this  way  it  is  believed  cannot  be  successfully  controverted.  <. 

The  arrearage  of  interest,  amounting  to  nearly  twenty-five  per  cent,  of  tne 
principal,  is  more  than  the  people  can  easily  pay  at  sight,  with  the  other 
burdens,  public  and  private,  thrown  upon  them  by  the  war.  It  will  be  neces 
sary,  therefore,  to  anticipate  the  means,  so  as  at  the  same  time  to  preserve  the 
State  credit  by  satisfying  the  creditors  and  to  preserve  the  people  from  op 
pressive  taxation. 

The  recent  amendment  to  the  State  constitution  abolishing  slavery  will 
require  some  changes  in  the  revenue  laws.  The  item  of  slaves  will  no  longer 
appear  in  the  list  of  taxables.  The  census  of  I860  shows  there  were  in  the 
State  about  275,000.  The  assessors'  returns  show  that  130,425  were  reported 
for  taxation.  Their  average  value  had  steadily  increased  from  $413  72  in 
1846  to  $886  40.  It  is  a  significant  fact  that  the  next  year,  the  first  of 
the  war,  the  average  fell  to  $769  36,  taxes  being  at  the  low  rate  of  seven  cents 
upon  the  one  hundred  dollars,  to  which  our  State  taxation  was  reduced  in  1860, 
the  slaves  averaging  a  little  the  rise  of  sixty-two  cents  each,  amounting  to 
$80,000  in  the  aggregate.  The  slaves  held  no  property.  Being  emancipated, 
they  will  now  be  subjected  to  a  poll-tax.  Many  of  them  will  soon  acquire 
taxable  property  far  beyond  their  personal  value  as  slaves. 

As  soon  as  this  war  ceases  there  is  every  reason  to  expect  a  large  accession 
to  our  population.  Thousands  of  sensible  and  practical  men  have  been  here, 
connectecl  with  the  army,  and  have  looked  with  astonishment  and  delight  at 
our  productive  soil,  charming  climate,  and.  great  advantages  of  agriculture. 
They  have  seen  that  a  farm  hand  in  a  northern  State  is  ordinarily  worth  from 
thirty  to  fifty  dollars  a  month — that  is  to  say,  he  earns  that  much,  or  say  §600 
per  aniiuin.  In  our  State  a  good  farm  hand  can  make  five  bales  of  cotton  of 
five  hundred  pounds  each,  which- would  make  the  profits  of  his  labor  worth 
$2, 000  .per  annum,  against  $600  in  a  northern  State — a  better  and  more  certain 


RECONSTRUCTION TENNESSEE.  1 9 

business  than  going  to  California  or  any  of  the  gold  regions.  Therefore  it  ia 
the  value  of  land  with  us  will  be  proportionately  increased.  If  the  tax  of 
seven  cents  on  the  one  hundred  dollars,  to  which  our  burdens  had  been  reduced 
in  I860,  shall  be  increased  to  a  reasonable  extent,  it  is  believed  sufficient  revenue 
will  be  realized  in  the  next  three  years,  over  and  above  the  ordinary  expendi 
tures,  to  meet  the  arrears  of  interest  on  the  debt,  to  pay  the  sum  now  due,  and 
the  further  sum  of  $1,245,090,  falling  due  in  1868. 

It  is  further  suggested  that  the  list  of  taxable  property  might  be  increased 
without  being  oppressive.  By  the  returns  of  I860  it  appears  that  all  "other 
property"  subject  to  taxation,  besides  land,  amounted  in  value  to  but 
$24,362,151 — less  than  one-half  the  assessed  value  of  the  town  lots.  Before  the 
war  our  financial  resources  were  so  ample,  compared  with  the  limited  demands 
upon  them,  that  it  was  necessary  to  tax  but  a  few  of  the  principle  articles  of 
property.  Our  affairs  are  now  quite  changed,  and  every  interest  should  be 
made  to  bear  its  proper  burdens. 

The  common  school  system  will,  in  this  connexion,  demand  your  attention. 
The  fund  appropriated  for  this  purpose  has  been  squandered  by  the  bad  men 
and  dishonest  functionaries  who  tied  on  the  approach  of  the  old  tiag.  What 
shall  be  done  to  replace  this  great  loss  ?  At  no  period  in  the  history  of  the 
State  has  the  young  and  rising  generation  appealed  so  affectingly  for  legislative 
aid.  Practically  denied  all  scholastic  advantages  during  the  last  four  years, 
and  deprived  as  thousands  have  been  of  their  natural  protectors,  if  they  are 
not  soon  provided  for,  it  will  be  too  late  for  them.  Indeed,  not  a  few  have 
already  passed  beyond  the  age  to  attend  school,  hopelessly  illiterate. 

In  this  connexion  your  attention  is  called  to  an  act  of  Congress  providing 
for  the  establishment  of  an  agricultural  college.  Most  of  the  States  are  in 
advance  of  us  in  accepting  the  offer,  and  perhaps  we  might  profit  by  examining 
their  legislation  in  regard  to  this  subject. 

The  currency  and  the  banks  are  nearly  allied  to  finances,  and  are  in  such  a 
demoralized  condition  as  to  demand  prompt  action  and  most  positive  legislation. 
The  State  owes  it  to  herself  to  look  into  the  condition  of  the  three  old  bai.ks — 
the  Bank  of  Tennessee,  the  Union  and  the  Planters'  banks  —  each  having  its 
parent  bank  in  Nashville,  with  affiliated  branches  extending  over  the  State;  also 
several  stock  banks  and  the  free  banks.  "With,  perhaps,  one  or  two  exceptions,  it 
is  believed  they  are  all  hopelessly  insolvent.  All  have,  beyond  doubt,  violated 
their  charters,  and  may  properly  be  closed  up.  Nay,  where  they  have  value 
received  for  their  notes  and  are  worth  it  they  should  be  made  to  redeem  their 
issues.  The  policy  formed  by  these  banks,  even  before  the  war,  was  to  keep 
their  paper  at  lower  quotations  than  that  of  any  of  the  surrounding  States. 
Even  at  home  it  was  at  a  discount,  and  in  some  of  the  neighboring  States  it  was 
uncurrent.  This  imposed  upon  our  commerce  the  payment  of  large  sums  of 
premiums  upon  all  remittances  beyond  the  State,  which  in  the  end  came  off  the 
people.  Such  a  currency  could  only  result  from  unsound  financial  principles; 
for  the  balance  of  trade  with  most  of  the  surrounding  States  was  decidedly  in 
our  favor.  It  is  therefore  recommended  that  all  existing  banks  be  wound  up  at 
once,  and  that  no  more  State  banks  be  chartered.  The  several  hundred  thou 
sand  in  real  estate  owned  by  the  State  bank  should  be  cashed  without  delay. 
The  stock  was  owned  by  the  State,  and  it  held  large  deposits  of  currency  and 
securities.  As  the  Union  army  advanced  to  the  possession  and  occupation 
of  the  towns  where  the  branches  were  located  the  officeis  fled  with  the  assets 
beyond  the  limits  of  the  State,  and  they  are  now  doubtless  irretrievably  gone. 
In  the  outset  of  the  rebellion  this  bank  was  used  by  the  guilty  conspirators,  and 
large  issues  were  made  to  further  their  schemes  of  treason.  It  has  beeu  deter 
mined  by  the  people  that  these  issues  shall  not  be  paid. 

There  are  many  notes  outstanding  of  the  bank  issued  after  the  date  specified 
in  your  amended  constitution,  and  intended  alone  for  the  benefit  of  the 


20  RECONSTRUCTION — TENNESSEE. 

rebellion.  Shall  they  be  redeemed  by  a  tax  imposed  upon  the  people?  I 
know  of  no  legal  or  moral  obligation  to  redeem  those  notes,  even  if  they  occupied 
such  an  attitude  that  such  an  obligation  could  be  enforced.  It  is  known  that 
when  bank  notes  become  uncurrent  they  are  sold  by  the  small  holders,  who  are 
not  in  a  condition  to  hold  such  paper,  and  bought  up  by  speculators,  generally 
at  their  own  figures.  In  this  way  they  accumulate  in  the  hands  of  a  few,  often 
at  prices  almost  nominal.  The  notes  of  the  Bank  of  Tennessee,  it  is  believed, 
are  held  in  this  way  and  by  this  class  of  dealers.  Having  lost  the  princ:pal  of 
this  banking  capital,  and  having  sold  these  issues  in  small  quantities  at  a  heavy 
discount,  shall  our  people  be  taxed  to  make  these  issues  good  in  the  hands  of 
speculators?  I  confess  I  can  see  no  equity  in  it.  Doubtless  instances  will 
occur  of  individual  hardship,  and  others  will  be  pressed  upon  your  attention, 
not  so  much  by  the  parties  themselves  as  by  others  interested  in  the  adoption  of 
a  general  policy  based  upon  these  existing  cases.  There  remain  to  the  bank 
large  assets,  micollected  debts,  and  the  present  liabilities  of  the  faithless 
officers.  Suits  are  understood  to  be  pending  against  many  of  these  officers  of 
branches.  The  others  should  be  held  to  their  responsibilities.  I  content 
myself  with  these  general  suggestions,  trusting  in  your  wisdom,  if  you  deem 
them  practicable,  to  arrange  the  details. 

The  national  banking  system  is  believed  on  many  accounts  to  be  preferable. 
This  would  give  us  a  circulation  current  all  over  the  country,  and  subject  our 
banking  to  more  correct  principles  of  finance.  Other  States  are  adopting  the 
national  banking  sytem,  and  I  recommend  the  same  to  the  legislature  of  Ten 
nessee.  Such  an  institution  could  be  used  profitably  as  the  fiscal  agent  of  the 
State,  and  if  you  can  secure  the  means,  one  in  each  of  the  other  grand  divisions 
of  the  "State  would  work  to  advantage. 

The  qualification  of  voters,  and  other  limitations  of  the  elective  franchise, 
have  been  intrusted  to  you  by  the  people.  This  delicate  responsibility  will  de 
volve  upon  you  a  heavy  task,  and  merits  your  whole  attention.  That  there 
should  be  some  additional  limitations  prescribed  few  will  deny.  Many  persons 
in  the  State,  by  every  act  of  which  they  were  capable  have  disfranchised  them 
selves.  Probably  they  neither  expected  or  desired  the  privilege  of  again  voting, 
and  would  not  exercise  it  if  granted  them.  Many  others  have  committed  acts 
deserving  disfranchisement,  who  nevertheless  will  resist  it,  and  strive  for  every 
civil  right  they  enjoyed  before  the  war,  and  before  their  treason  had  involved 
the  State  in  so  much  suffering.  While  I  would  not  recommend  you  to  give 
•way  to  the  impulse  of  vengeance  any  more  than  to  the  appeals  of  sympathy 
and  pity,  I  would  urge  you  to  guard  the  ballot-box  faithfully  and  effectually 
against  the  approach  of  treason,  no  matter  in  what  character  it  may  come.  The 
loyal  people  of  the  State  who  sent  you  here  expect  you  to  act  decisively  in  the 
matter,  and  have  no  child's  play  in  determining  the  qualification  ot  voters. 
The  subject  has  been  considered  by  several  of  our  sister  States,  whose  reform 
was  not  any  more  loudly  called  for  than  with  us.  It  is  quite  probable  that  this 
action  and  its  effects  may  assist  you  in  deciding  what  to  accept  and  what  to 
avoid. 

As  you  are  aware,  upon  the  approach  of  the  national  forces  and  their  occu 
pation  of  our  country,  the  government  took  possession  of  our  railroads,  in  most 
of  which  the  State  is  a  large  stockholder.  The  State  is  deeply  interested  in 
her  internal  improvements,  as  she  has  indorsed  bonds  at  the  rate  of  ten  thou 
sand  dollars  per  mile,  for  nearly  all  the  railroads  in  Tennessee.  And  as  most 
of  these  bonds  are  held  by  guardians  for  the  benefit,  in  many  instances,  of 
minors  and  widows,  I  think  it  nothing  more  than  simple  justice  to  pay  them 
the  interest  already  due  them. 

The  Nashville  and  Chattanooga  railroad  was  taken  possession  of  by  the 
federal  authorities  on  the  7th  of  March,  1862,  and  has  been  held  and  used  ever 
since,  and,  regarded  as  a  military  necessity,  it  was  proper  and  right.  Presum- 


RECONSTRUCTION — TENNESSEE.  21 

ing  the  government  to  have  kept  the  account  strictly,  she  is  now  about  ready  to 
make  a  settlement.  My  information  is  that  certain  officers  of  the  company 
visited  Washington  on  two  different  occasions  for  the  purpose  of  obtaining  a 
pettlement  with  the  quartermaster  general.  They  failed  in  their  efforts,  though 
the  President  of  the  United  States,  who  was  present  on  both  occasions,  ex 
pressed  his  views  verbally  as  favoring  the  payment  of  the  company  for  the  use 
of  the  road.  You  should  now  call  upon  the  proper  authorities  at  Washington 
for  payment  to  this  and  other  companies,  requiring  the  mon  >y  received  to  be 
applied  to  the  payment  of  interest  on  their  bonds.  The  amount  indorsed  by 
the  State  for  the  Nashville  and  Chattanooga  Railroad  Company  is  $1,535,000, 
and  the  interest  accrued  thereon  is  now  nearly  $300,000.  It  is  believed  that- 
upon  a  just  settlement  the  government  will  owe  the  company  largely  over  that 
amount.  This  road  cost  the  company  $3,846,900,  including  its  equipments  and 
depots. 

The  other  roads  in  the  State  are  similarly  situated  and  demand  your  atten 
tion.  Those  officers  of  roads  and  stockholders  who  fled  south,  carrying  with 
them  the  rolling  stock  and  funds,  should  be  held  to  a  strict  accountability,  and 
their  property  and  stock  should  be  made  in  part  to  atone  for  these  losses  to  the 
State  and  country.  The  case  of  the  East  Tennessee  and  Georgia  railroad  and 
its  faithless  president  requires  our  special  attention. 

It  is  believed  the  time  has  now  come  for  the  companies  again  to  use  their 
roads — for  the  government,  if  need  be,  under  even  a  military  superintendent — 
thereby  effecting  a  vast  saving  to  the  government,  asking  only  the  same  pay 
for  freights  and  passengers  they  are  now  paying  to  the  Louisville  and  Nashville 
Railroad  Company.  As  this  war  is  for  the  benefit  of  the  whole  nation,  it  is  not 
believed  that  the  general  government  intends  that  Tennessee  shall  pay  more 
than  her  just  proportion  of  the  war  debt. 

Your  attention  is  called  to  the  fact  that  the  Louisville  and  Nashville  Railroad 
Company  is  running  a  portion  of  that  road  in  this  State,  say  about  sixty  miles, 
with  another  branch  from  Bowling  Green  to  Clarksville,  and  for  all  that  portion 
of  road  in  our  State  the  government  pays  the  Kentucky  company  as  if  the  road 
were  in  any  other  loyal  State.  The  information  I  have  is  to  the  effect  that  the 
Kentucky  company  treats  with  indifference  the  claims  of  Tennessee  upon  that 
road.  It  is  your  duty  to  let  that  company  know,  in  decided  but  respectful 
terms,  what  your  rights  are,  and  that  you  dare  assert  and  maintain  them. 

The  duty  devolves  upon  you  at  this  session  of  electing  two  senators  to  the 
Congress  of  the  United  States,  and  of  re-districting  the  Stale,  so  as,  without 
delay,  to  provide  for  the  election  of  eight  representatives  to  the  next  Congress.  It 
is  with  profound  regret  that  I  have  observed  several  republican  journals,  and 
some  leading  politicians  of  ability  and  influence  are  opposed  to  the  admission  of 
senators  and  representatives  from  Tennessee.  They  take  the  ground  that  the 
State  should  be  treated  as  a  Territory  and  continued  under  military  govern 
ment,  subject  to  the  arbitrary  orders  of  military  rule.  If  their  dangerous  and 
revolutionary  doctrine  is  adhered  to  by  any  considerable  portion  of  senators 
and  representatives  in  Congress  I  shall,  for  one,  dread  the  consequences.  My 
confidence  in  the  wisdom  and  patriotism  of  senators  and  representatives  leads 
me  to  believe  they  will  discard,  indignantly,  any  such  proposition.  The  loyal 
people  of  Tennessee  have  resolved  through  the  ballott-box  to  rule  themselves 
under  the  federal  flag ;  taking  the  ground  that  the  State  has  never  been  out  of 
the  Union,  and  boldly  denying  that  the  unconstitutional  and  treasonable  acts  of 
those  in  rebellion  ever  carried  them  out  of  the  Union.  Besides,  the  inaugura 
tion  of  the  Vice-President  from  this  State,  and  the  withdrawal  of  a  military 
governor  to  give  place  to  civil  authority,  fix  the  status  of  Tennessee  in  the 
estimation  of  the  federal  authorities  proper.  And  to  your  good  sense  and  un 
yielding  firmness  I  submit  this  grave  question,  not  doubting  that  your  action 
will  be  correct. 


22  RECONSTRUCTION—  TENNESSEE. 

Your  attention  is  called  to  the  condition  of  affairs  in  the  State  prison,  full 
and  specific  details  of  which  are  given  in  the  report  of  the  officer  who  is  in 
charge  of  that  institution.  I  have  every  confidence  that  the  legislature  will 
look  into  the  wants  of  the  institution,  and  do  for  it  what,  in  the  judgment  of 
members,  may  seem  proper.  Meanwhile,  I  suggest  the  establishment  of  branches 
of  the  penitentiary  in  the  western  district  and  in  East  Tennessee.  The  cost  of 
building  on  a  moderate  scale  would  be  saved  to  the  State  in  fifteen  or  twenty 
years  in  the  single  item  of  a  cash  market,  in  each  end  of  the  State,  for  pro 
visions  to  sustain,  and  raw  material  to  keep  the  convicts  employed  in  manufac 
turing — such  as  lumber,  marble,  iron,  coal,  leather,  &c.  The  erection  of  build 
ings  would  furnish  employment  and  cash  wages  to  a  number  of  mechanics  ; 
and,  as  there  are  several  salaried  officers  attached  to  such  an  institution,  it 
would  distribute  the  patronage  of  the  State  in  her  three  natural  divisions.  If 
this  be  not  done,  an  enlargement  of  the  State  prison  will  be  required .  The 
demoralized  condition  of  both  our  white  and  colored  population  will  cause 
scores  to  be  sent  to  the  penitentiary  as  our  courts  go  into  operation. 

The  Tennessee  hospital  for  the  insane,  one  of  the  charitable  institutions  of 
the  State,  located  in  this  vicinity,  deserves  your  attention  and  your  aid.  The 
prosperity  and  success  of  that  noble  State  charity  were  all  that  its  friends  and 
the  friends  of  humanity  could  desire  at  the  breaking  out  of  this  wicked  rebel 
lion  ;  but  the  institution  has  struggled  hard  to  keep  above  the  waves  of  oblivion 
for  four  years  past.  It  kept  its  deposits  in  the  Bank  of  Tennessee,  and  my 
information  is,  that  when  the  faithless  officers  of  the  bank  fled,  on  the  approach 
of  the  national  flag,  they  carried  with  them  some  $30,000  belonging  to  the  in 
stitution.  For  the  details  in  regard  to  its  past  operations  and  present  necessi 
ties  I  refer  you  to  the  report  of  the  superintendent  and  chief  surgeon,  a  faithful 
and  intelligent  citizen. 

The  Tennessee  blind  school,  a  State  institution  in  this  city,  has  been  utterly 
destroyed  by  the  federal  forces,  and  the  unfortunate  pupils,  some  forty  in  num 
ber,  are  distributed  among  their  friends  and  the  friends  of  humanity.  It  was 
not  a  military  necessity  that  called  for  the  destruction  of  the  institution,  but  it 
was  the  work  of.  recklessness ;  and  if  this  general  assembly  will  present  the 
subject  to  the  government  at  Washington  in  this  light,  it  is  believed  that  proper 
steps  will  be  taken  to  restore  this  noble  charity.  The  hopes  of  those  pupils  at 
best  are  blasted  and  their  cup  of  bitterness  is  full  when  we  have  done  all  that 
lies  in  our  power.  We  look  out  upon  the  world  and  we  know  it  by  its  visible 
beauty ;  we  know  our  wives  by  their  affectionate  looks,  our  children  by  their 
smiles  and  features,  our  neighbors  by  their  faces  and  manner  of  address;  but 
these,  and  all  other  earthly  things,  are  to  these  blind  people  shrouded  in  dark 
ness,  and  friends,  children,  and  the  world  are  lost  to  them  forever. 

The  Tennessee  deaf  and  dum  school,  located  at  Knoxville,  merits  your  at 
tention,  as  it  is  one  of  the  charitable  institutions  of  the  State.  The  exciting 
events  which  are  daily  transpiring  in  the  country  should  not  induce  us  to  lose 
sight  of  those  whose  misfortunes  so  strongly  appeal  to  us  for  aid  and  comfort. 
The  buildings  and  grounds,  erected  and  purchased  at  a  heavy  expense  by  the 
State,  are  now  used  for  hospital  purposes  by  our  army.  Of  the  fourteen  trus 
tees,  nine  of  them  went  into  the  rebellion,  and  most  of  them  fled  south.  An 
equal  proportion  of  the  oflicers  and  teachers  of  the  school  proved  to  be  rebels. 
An  early  organization  of  the  institution  upon  a  loyal  basis  is  called  for,  and  it 
is  hoped  will  attract  your  attention. 

The  East  Tennessee  university,  located  at  Knoxville,  is  a  time-honored  insti 
tution,  and  was  chartered  and  endowed  by  the  State  in  1807.  It  has  been  al 
most  destroyed  by  the  federal  army.  The  library,  furniture,  and  fixtures  are 
hopelessly  destroyed.  The  main  buildings  are  standing,  and  it  is  but  just  to 
the  educational  interests  of  the  most  loyal  portion  of  the  State  that  the  gov 
ernment  should  place  that  institution  on  as  good  a  footing  as  it  found  it.  A 


RECONSTRUCTION TENNESSEE.  23 

majority  of  the  board  of  trustees  turned  out  to  be  rebels,  and  their  places  should 
be  filled  with  loyal  men. 

There  are  doubtless  other  institutions  in  the  State  which  deserve  the  atten 
tion  of  this  general  assembly,  but  I  am  not  informed  as  to  their  situations.  The 
members  representing  all  the  counties  will  be  able  to  look  after  their  interests, 
and  should  feel  that  the  duty  devolves  upon  them. 

Having  thus  fully  placed  before  you  the  information  requisite  to  enable  you 
to  judge  of  the  condition  of  the  State,  the  evils  which  environ  us,  and  the 
measures  of  legislation  needed  for  averting  them  and  ridding  ourselves  of  them, 
it  remains  for  me  but  to  invoke  your  attention  to  the  consideration  of  those  means 
by  which,  above  all  others,  we  may  hope  to  restore  order  and  prosperity  to  our 
country.  And  if  one  be  more  prominent  than  another,  it  is  the  necessity  for 
earnest  and  cordial  co-operation  between  the  State  and  federal  government.  To 
you  especially,  as  senators  and  representatives,  do  the  loyal  people  of  Tennessee 
look  for  encouragement  and  counsel.  And  to  your  action  in  the  halls  of  legis 
lation  will  all  eyes  be  turned — not  only  in  Tennessee,  but  in  other  States — for 
examples  of  what  is  befitting  loyal  men.  I  feel  full  confidence  that  you  will 
prove  yourselves  equal  to  the  emergency,  and  meet  expectations  both  at  home 
and  abroad.  I  feel  assured  that,  being  united  in  a  common  and  holy  cause,  you 
will  rise  above  all  selfish  considerations,  and,  bowing  submissively  to  the  Divine 
will,  you  will  unite  with  all  good  men  in  reverently  invoking  the  blessings  of 
our  Heavenly  Father  upon  all  we  say  and  do  while  in  the  service  of  the  State. 

It  is,  perhaps,  proper  for  me  to  state  that  since  writing  this  message  important 
facts  have  come  to  my  knowledge,  and  upon  unquestionable  authority,  relating 
to  the  use  of  a  portion  of  the  funds  of  the  Bank  of  Tennessee,  that  may  require 
me  to  send  you,  at  no  distant  day,  a  special  message.  The  interests  of  the 
State,  and  the  just  rights  of  the  people,  should  be  sacredly  and  vigilantly 
guarded,  no  matter  who  suffers  ruin  and  disgrace. 

WILLIAM  G.  BROWNLOW. 


Pullic  acts  of  the  general  assembly  of  the  State  of  Tennessee,  passed  at  the  first  session  of  the 
thirty-fourth  general  assembly,  which  was  begun  and  held  at  Nashville  on  Monday,  the  third 
day  of  April,  in  the  year  one  thousand  eight  hundred  and  sixty-Jive. 

CHAPTER  I. 

AN  ACT  to  regulate  the  county  court  of  Shelby  county. 

SECTION  1.  Be  it  tnacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  in  the  county 
of  Shelby,  in  case  of  vacancy,  removal,  or  when  the  county  judge  shall,  from  any  cause 
whatever,  fail  to  hold  his  court,  and  a  majority  of  the  magistrates  shall  fail  to  appear  and 
elect  a  chairman,  as  is  now  provided  by  law,  the  clerk  of  said  court  shall  give  notice,  in 
writing,  to  any  judge  or  chancellor  of  said  county,  who  shall  have  full  power  to  hold  said 
county  court  and  discharge  all  the  duties  as  the  judge  or  chairman  could  do  by  law. 
SEC.  2.  This  act  to  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  h'cprestntatites. 
SAMUEL  R.  RODGERS. 

Speaker  of  the  Senate. 
Passed  April  28,  ]865. 

CHAPTER  II. 

AN  ACT  to  increase  the  compensation  of  judges. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  section 
4538  of  the  code  of  this  State  be  so  amended  that  each  of  the  judges  of  the  supreme  court  of 
this  State,  hereafter  appointed  or  elected,  shall  be  entitled  to  a  salary  of  three  thousand 
dollars  per  annum,  payable  quarterly  out  of  the  State  treasury. 


24  RECONSTRUCTION TENNESSEE. 

SEC.  2.  Be  it  further  enacted,  That  section  4539  of  the  code  of  this  State  be  so  amended 
that  each  chancellor,  circuit,  and   criminal  judge  of  this  State,  except  county  judges  and 
judges  of  special  courts,  hereafter  appointed  or  elected,  shall  be  entitled  to  a  salary  of  two 
thousand  dollars  per  annum. 
SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HKISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  11.  KODGERS, 

Speaker  of  the  Senate."}] 
Passed  May  8,  1865. 

CHAPTER  III. 

AN  ACT  to  increase  the  pay  of  public  printer. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  public 
printer  be  paid  an  advance  of  fifty  per  cent,  on  the  prices  now  allowed  by  law. 
SEC.  2.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R,  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  10,  1865. 

CHAPTER  IV. 

AN  ACT  to  punish  all  armed  prowlers,  guerillas,  brigands,  and  highway  robbers,  and  for 

other  purposes. 


SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  every  man 
or  sqiicid  of  men,  who  may  hereafter  make  inroads  for  plunder  upon  the  peaceable  inhabitants 
of  this  State,  and  by  force  deprive  them  of  their  property,  or  endeavor  so  to  deprive  them, 
by  the  alarm  caused  by  their  being  armed,  when  in  fact  he  or  they  were  not  at  the  time  part 
of  any  organized  army  and  sharing  continuously  in  its  duties,  but  who  sometimes  return  to 
their  homes,  with  the  assumption  of  the  semblance  of  peaceful  pursuits,  divesting  him  or 
themselves  of  the  appearance  and  character  of  soldiers,  are  hereby  declared  guerillas  and 
highway  robbers  and  brigands,  and  upon  his  or  their  conviction  shall  suffer  death  by  hanging. 

SEC.  2.  Be  itfurlher  enacted,  That  scouts  or  single  soldiers,  if  disguised  in  the  dress  of  the 
coTintry,  or  clothed  in  the  uniform  of  either  army,  who  shall  wilfully,  maliciously  and  forcibly 
take  from  the  possession  or  person  of  the  peaceful  citizens  of  the  State  their  property  by 
threats  of  violence,  or  the  actual  use  of  force  and  violence  and  under  the  terror  of  arms,  shall, 
upon  conviction,  suffer  death  by  hanging. 

SEC/3.  Be  it  further  enacted,  That  all  armed  prowlers,  by  whatever  name  they  may  be 
called,  who  shall  willfully,  maliciously  and  forcibly  make  an  attack  upon  any  one  of  the 
peaceable  citizens  of  this  State  for  the  purpose  of  robbing  him  or  her,  or  of  stealing  his  or  her 
property,  or  ot  killing  him  or  her,  shall,  on  conviction,  suffer  death  by  hanging. 

SEC.  4.  Be  it  further  enacted,  That .  all  persons  who  shall  knowingly,  willingly,  and 
voluntarily  feed  any  such  person  or  persons  as  described  in  the  previous  sections  of  this  act, 
or  furnish  them  information  for  the  purpose  of  aiding  and  assisting  them  in  their  unlawful  and 
illegal  objects,  shall  be  deemed  guilty  of  a  felony,  and,  on  conviction  thereof,  shall  be  im 
prisoned  in  the  penitentiary  for  a  period  of  not  less  than  five  years  nor  more  than  twenty-one 
years. 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL. 

Speaker  of  the  House  of  Rrpresc ntat ires. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  17,  1865. 


CHAPTER  V. 

AN  ACT  to  amend  the  criminal  laws  of  the  State  of  Tennessee. 

SECTION  1.  Be  it  enaoted  by  the  general  assembly  of  the  State  of  Tennessee,  That  whoever 
shall  feloniously  take  or  steal  any  horse,  mule,  or  ass,  shall,  on  conviction  thereof,  suffer 
death  by  hanging:  Provided,  The  jury  before  whom  the  offence  is  tried  shall,  if  they  think 
proper,  commute  the  punishment  to  imprisonment  in  the  penitentiary  for  the  period  of  not  less 
than  ten  nor  more  than  twenty -one  years. 


RECONSTRUCTION TENNESSEE.  25 

SEC.  2.  Be  it  further  enacted,  That  whoever  shall  feloniously  break  open  the  house  of 
another  for  the  purpose  of  committing'  a  larceny  or  robbery  therein,  shall,  on  conviction  thereof, 
suffer  death  by  hanging:  Provided,  The  jury  before  whom  the  offender  is  tried  and  convicted 
may,  if  they  think  proper,  commute  the  punishment  for  the  offence  to  imprisonment  in  the 
penitentiary  for  the  period  of  not  less  than  ten  nor  more  than  twenty-one  ye"ars. 

SEC.  3.  Be  it  further  enacted,  That  whoever  shall  feloniously  rob  another,  or  steal  from  his 
person,  shall,  on  conviction  thereof,  suffer  death  by  hanging:  Provided,  The  jury  before 
whom  the  offender  is  tried  and  convicted  may,  if  they  think  proper,  commute  the  punishment 
to  imprisonment  in  the  penitentiary  for  a  period  of  not  less  than  ten  nor  more  than  twenty -one 
years. 

SEC.  4.  Be  if  further  enacted,  That  any  person  duly  convicted  of  house  or  bridge  burning, 
shall  suffer  death  by  hanging:  Provided,  The  jury,  if  they  think  proper,  may  commute  the 
punishment  to  imprisonment  in  the  penitentiary  for  a  period  of  not  less  than  ten  nor  more 
than  twenty-one  years :  And  provided,  further,  That  nothing  in  this  act  shall  be  so  construed 
as  repealing  the  laws  now  in  force  for  the  punishing  of  the  offences  mentioned  in  this  act ;  but 
all  persons  who  have  heretofore  committed  any  of  the  offences  mentioned  in  this  act  shall  be 
tried  under  the  existing  laws,  and,  if  convicted,  shall  be  punished  as  now  prescribed  by  law. 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  17,  1865. 


CHAPTER  VI. 
AN  ACT  to  repeal  the  3d  article  of  the  5th  chapter,  title  5,  of  the  Code  of  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  3d 
article  of  the  5th  chapter,  title  5,  2d  part  of  the  Code  of  Tennessee,  be  and  is  hereby  repealed. 
SEC.  2.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  18,  1865. 


CHAPTER  VII. 

AN  ACT  to  establish  the  eighth  chancery  district  of  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  an  eighth 
chancery  district  be,  and  is  hereby,  established  in  the  State  of  Tennessee,  to  be  composed  of 
the  counties  of  3evier,  Blount,  Monroe,  Roane,  Knox,  Anderson,  and  McMinn. 

SEC.  2.  Be  it  further  enacted,  That  the  chancellor  elected,  pursuant  to  the  provisions  of  this 
act,  shall  hold  the  courts  in  the  several  counties  composing  said  district  at  the  times  and 
places  in  said  counties  now  designated  by  law,  and  said  chancellor  shall  have  all  the  powers 
and  emoluments  given  to  other  chancelloi's  of  this  State ;  and  until  a  chancellor  shall  be 
appointed  or  elected  for  said  district,  it  shall  be  the  duty  of  the  present  chancellor  to  hold 
the  courts  in  said  counties  as  heretofore. 

SEC.  3.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  22,  1865. 


CHAPTER  VIII. 

AN  ACT  to  amend  the  revenue  laws  of  the  State. 

SECTION  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  section 
553  of  the  Code  of  Tennessee  be,  and  the  same  is  hereby,  amended,  so  that  the  following 
rate  of  taxation  shall  be  levied  and  collected,  as  now  provided  for  by  law  :  on  every  taxable 
poll,  one  dollar;  on  every  hundred  dollar's  worth  of  taxable  property,  twenty-five  cents  ;  on 
sales  of  land,  one  cent  per  acre;  on  sales  of  town  lots,  or  parts  of  town  lots,  tor  each  lot, 
or  part,  five  dollars ;  on  sales  of  merchandise  by  merchants,  two  cents  on  the  dollar  on  it* 


26  RECONSTRUCTION TENNESSEE. 

invoice  cost^at  the  place  where  purchased,  unless  the  tax  on  the  same  has  once  hefore  been 
paid  to  the  State,  in  which  event  no  additional  tax  will  be  paid;  on  sales  of  merchandise  by 
a  peddler,  for  each  county  in  which  he  travels,  if  on  foot,  twenty  dollars;  if  on  horseback, 
fifty  dollars;  if  in  a  vehicle,  fifty  dollars;  and  for  each  vehicle,  if  he  uses  more  than  one, 
fifty  dollars ;  on  the  regular  business  of  selling  at  auction  any  article,  the  selling  of  which 
is  not  taxable,  fifty  dollars;  in  all  other  cases  the  same  rate  which  is  imposed  on  sales  of 
merchandise  on  commission,  on  the  regular  business  of  selling  goods,  wares,  and  merchan 
dise  on  commission,  on  the  gross  amount  of  sales,  public  and  private,  when  the  amount 
does  not  exceed  ten  thousand  dollars,  thirty -five  dollars;  between  ten  and  twenty  thousand 
dollars,  sixty  dollars;  between  twenty  and  thirty  thousand  dollars,  eighty  five,  dollars;  be 
tween  thirty  and  forty  thousand  dollars,  one  hundred  and  ten  dollars;  and  in  like  ratio:  on 
the  regular  or  general  business  of  brokers,  one  thousand  dollars ;  on  granting  policies  of 
insurance,  by  other  than  companies  chartered  by  the  State,  twelve  hundred  and  fifty  dollars ; 
on  the  business  of  banking,  by  companies  operating  under  the  law  to  authorize  and  regulate 
the  business  of  banking,  thirty-five  cents  on  each  hundred  dollars  of  the  capital  of  each 
bank  ;  on  the  business  of  banking  by  banks,  or  associations  of  persons  of  other  States  of 
the  Union,  three-fourths  of  one  per  cent,  on  the  capital  stated  in  the  affidavit  filed  for  the 
license  as  intended  to  be  used  in  the  succeeding  twelve  months;  on  discounting  securities  for 
money,  shaving  notes,  two  cents  on  every  dollar  employed,  but  in  no  case  less  than  ten  dollars  ; 
on  theatrical  exhibitions,  if  the  theatre  or  place  of 'exhibition  be  in  a  city,  five  hundred 
dollars;  if  in  other  places,  fifty  dollars;  on  exhibiting  for  profit  a  circus,  or  circus  and 
animal  show,  feats  of  activity  or  strength,  if  in  a  city,  one  hundred  dollars  for  each  day  and 
night  exhibition  ;  if  in  any  other  .places  than  aforesaid,  fifty  dollars ,  on  keeping  a  confer 
tiouery,  ice-cream  saloon,  and  other  places  of  refreshment,  seven  and  a  half  per  cent,  on  the 
capital  employed,  and  the  keeper  shall  take  out  a  license  as  merchants  by  law  are  now 
required,  and  shall,  in  addition  to  said  per  centum,  pay  ten  dollars  for  each  privilege ;  on 
each  petition  filed  in  any  court  of  record  for  the  division  and  distribution  of  estates,  five 
dollars ;  on  each  appeal,  writ  of  error,  or  certiorari  from  the  circuit  or  chancery  court  to  the 
supreme  court,  five  dollars  ;  on  each  appeal  or  certiorari,  from  before  a  justice  of  the  peace, 
three  dollars  and  fifty  cents ;  on  each  presentment  or  indictment,  three  dollars  and  fifty  cents ; 
on  each  original  suit  in  any  of  the  courts  of  law  or  equity  in  this  State,  five  dollars. 

SEC.  '2.  Be  it  further  enacted,  That  the  owners  of  steam,  saw,  and  grist  mills,  erected  upon 
the  lands  of  another,  shall  pay  an  annual  tax  to  the  State  of  one  hundred  dollars  ;  that  all 
persons  who  set  themselves  up  as  lawyers,  and  propose  to  practice  law  in  any  of  the  courts 
of  the  State,  or  held  within  the  State,  or  before  any  military  commission,  shall  pay  an  an 
nual  tax  to  the  State  of  twenty-five  dollars;  that  all  persons  who  propose  so  to  practice 
shall  take  out  a  license  from  the  county  court  clerk  of  some  county,  certifying  that  the  tax 
has  been  paid.  Any  person  proposing  to,  and  practicing  as  aforesaid,  failing,  or  refusing  to 
take  out  said  license,  shall  pay  a  double  tax,  to  be  recovered  before  any  circuit  court  of  the 
State  where  motion  is  made  by  the  attorney  general  of  any  district,  upon  ten  days'  notice 
to  said  delinquent,  either  by  publication  in  some  newspaper  in  the  State,  or  in  writing. 

SEC.  3.  Be  it  further  enacted,  That  all  persons  who  set  themselves  up  as  doctors  of  medi 
cine  or  surgeons  (the  term  doctor,  to  include  all  persons  who,  for  pay,  propose  to  cure  dis 
eases,  public  or  private,  and  the  term  surgeon  shall  be  taken  in  the  general  application  of 
the  term,  and  shall  include  dentists,)  shall  pay  an  annual  tax  to  the  State  of  twenty -five 
dollars ;  license  to  be  obtained,  payment  made,  and  recovery  had,  as  provided  for  in  the 
second  section  of  this  act,  governing  lawyers. 

SEC.  4.  Be  it  further  enacted,  That  all  persons  known  as  photographers,  and  dealing  in 
photographic  and  ambrotype  apparatus  aud  material,  shall  take  out  a  license,  and  pay  the 
same  tax  to  the  State  as  merchants  now  pay  ;  and  all  persons  Avho  are  or  may  hereafter  set 
themselves  up  as  artists,  for  the  purpose  of  taking  photographs,  ambrotypes,  or  daguerrean 
likenesses,  if  in  a  city,  for  each  gallery  opened,  one  hundred  dollars ;  at  any  other  place, 
excepting  in  the  country,  twenty-five  dollars  ;.if  in  the  country,  five  dollars  ;  (the  term  gal 
lery  to  mean  any  place  where  the  artist  takes  pictures;)  said  tax  to  be  paid  to  the  clerk  of 
the  county  where  the  gallery  is  opened.  Any  person  opening  a  gallery  as  aforesaid,  without 
paying  the  tax,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars. 

SEC.  5.  Be  it  further  enacted,  That  sub-section  two  of  section  691  of  the  code  cf  the  State 
be,  and  is  hereby,  amended,  by  striking  out  the  words  "twenty-five  dollars"  and  inserting 
the  words  "fifty  dollars,"  and  by  striking  out  the  word  "ten"  and  inserting  the  word 
"  twenty." 

SEC.  6.  Be  it  further  enacted,  That  the  foregoing  tax  shall  be  assessed  and  collected  as  is 
now  provided  by  law ;  that  any  county  which  refuses  or  fails  to  make  the  assessment  and 
appoint  a  tax  collector  to  collect  the  taxes  due  the  State  within  the  year  1805,  unless  the 
governor  of  the  State  shall  be  satisfied  that  the  people  of  the  county  made  honest  efforts  so 
to  do,  and  it  was  impossible  for  them  to  comply  with  this  act,  shall  pay  a  double  tax ;  and 
the  governor  shall  send  an  assessor  of  his  own  appointing  to  said  county,  with  a  sufficient 
posse  to  levy  and  collect  said  double  tax ;  that  the  collector  so  appointed  shall  seize  a  sufii- 
ciency  of  the  delinquent's  personal  property  to  satisfy  the  taxes  and  charges,  and  sell  the 
same' in  any  county  of  the  State  where  he  can  get  bidders,  after  giving  the  notice  now  re- 


RECONSTRUCTION — TENNESSEE.  27 

quired  by  la\v.  If  the  delinquent  have  no  personal  property  of  which  to  make  the  taxes, 
thru  the  collector  shall  levy  on  sufficient  real  estate  to  pa}'  the  same,  and  shall  return  the  facts 
to  the  nearest  county  having  resumed  civil  functions ;  and  upon  return  of  a  written  state 
ment  of  the  facts,  the  circuit  court  shall,  at  the  second  term  of  the  court,  condemn  the  real 
astate  of  the  delinquent,  or  so  much  thereof  as  will  be  of  value  sufficient  to  satisfy  the 
taxes  and  costs.  And  the  collector  shall,  after  giving  forty  days'  notice  in  writing,  posted 
on  the  court-house  door  of  the  county  where  the  land  was  condemned,  as  well  as  in  the 
county  where  the  land  is  situated,  if  practicable,  sell  the  same  at  public  outcry  to  the  highest 
bidder,  in  the  same  manner,  and  with  the  same  conditions,  and  upon  the  same  terms,  as 
now  provided  bv  law ;  but  this  section  shall  not  apply  to  soldiers  belonging  to  the  United 
States  army,  or  "soldiers  that  have  served  in  the  same  and  have  been  honorably  discharged, 
or  their  widows  or  minor  children. 

SEC.  7.  Be  it  further  enacted,  That  the  553d  section  of  the  Code  of  Tennessee  be  so 
amended  as  to  read  as  follows:  "On  keeping  a  tract  for  turf-racing,  two  hundred  dollars ; 
for  half-mile  tracts,  one  hundred  dollars;  for  quarter-mile  tracts,  fifty  dollars." 

SEC.  8.  Be  it  further  enacted,  That  any  person  of  undoubted  loyalty  residing  in  a  county 
where  the  tax  has  been  collected,  as  provided  in  this  act,  shall  have  the  privilege  of  paying 
his  tax  at  any  time  before  or  at  the  time  the  collector  comes  into  the  county  to  collect  the 
double  tax  provided  by  this  act. 

SEC.  9.  Be  it  further  enacted,  That  all  express  companies  doing  business  in  the  State  of 
Tennessee  shall  take  out  a  license  from  the  comptroller,  and  pay  over  to  him  one  thousand 
dollars  for  the  privilege  of  doing  business ;  and,  in  addition,  give  bond  to  the  comptroller  of 
five  thousand  dollars,  to  account  and  pay  over  one-half  of  one  per  cent,  on  their  income  from 
their  business  done  in  this  State. 

SEC.  10.  Be  it  further  enacted,  That  the  tax  assessed  on  lawyers,  by  this  act,  shall  be  col 
lected  by  the  clerk  of  the  county  court  of  the  county  where  the  lawyer  resides.  Said  clerk 
shall  issue  license. 

SEC.  1 1.  Be  it  further  enacted,  That  all  persons  who  are  engaged  in  tanning  leather  as  an 
occupation,  shall  pay  into  the  treasury  of  the  State  twenty-five  dollars  as  a  privilege  tax. 

SEC.  12.  Be  it  further  enacted,  That,  after  paying  the  interest  on  the  State  debt  proper  and 
current  expenses  of  the  State,  the  sum  of  eight  hundred  thousand  dollars  be  applied  to  com 
mon  school  purposes,  in  addition  to  what  is  now  allowed  by  law  for  said  purposes.  That  all 
the  laws  of  the  State  upon  the  subject  of  taxes,  except  as  altered  or  repealed  by  this  act,  are 
still  in  full  force  and  effect.  That  the  county  courts  of  this  State  shall  have  the  power  to  em 
brace  in  the  catalogue  of  subjects  of  taxation  for  county  purposes  all  subjects  mentioned  ia 
this  act.  This  act  shall  take  effect  from  and  after  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
•  Passed  May  24,  1865. 


CHAPTER  IX. 

AN  ACT  to  more  effectually  manage  the  penitentiary,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  l>y  the  general  assembly  of  the  State  of  Tennessee,  That  the  salary 
of  the  keeper  of  the  penitentiary  of  the  State  shall  be  two  thousand  dollars  a  year,  and  no 
more :  and  that  section  5442  of  the  code  be,  and  the  same  is  hereby,  repealed,  so  far  as  it 
gives  to  the  keeper  one  hundred  dollars  a  year  for  the  board  of  each  assistant  keeper. 

SEC.  2.  Be  it  further  enacled,  That  all  of  the  assistants,  clerks,  guards,  and  other  employds, 
shall  be  boarded  at  the  expense  of  the  penitentiary,  without  any  compensation  being  paid  to 
the  keeper ;  and  it  is  hereby  made  the  duty  of  the  keeper  to  have  the  food  properly  prepared 
without  any  additional  expense  to  the  penitentiary. 

SEC.  3.  Ba  it  further  enacted,  That  the  keeper  of  the  penitentiary  shall  hereafter  be  elected 
by  the  joint  vote  of  the  general  assembly  of  the  State  of  Tennessee,  in  convention  assem 
bled. 

SEC.  4.  Be  it  further  enacted,  That  the  penitentiary  shall  be  enlarged;  and  for  this  pur 
pose  the  inspectors  and  keeper  of  the  penitentiary  are  hereby  instructed  and  required  to  direct 
the  labor  of  the  convicts  to  that  end  and  object,  so  as  to  enclose  the  ground  belonging  to  the 
penitentiary  now  open,  or  so  much  thereof  as,  in  their  opinion,  the  necessities  of  the  iustitu- 
tioji  may  require. 

SEC.  5.  tic  it  further  enacted,  That  the  attorney  general  of  the  State  be,  and  is  hereby,  in 
structed  and  commanded  to  examine  into  the  item  of  the  account  showing  that  there  is  due 
to  the  penitentiary  the  sum  of  fifty  thousand  one  hundred  and  thirty-two  dollars  and  eighteen 
cents,  by  note  and  account;  and  "if  said  indebtedness  has  been  created  since  the  year  1858,  to 
institute  legal  proceedings  against  the  keepers  and  their  securities,  who  have  created  said  in- 


28  RECONSTRUCTION — TENNESSEE. 

debtedness  in  violation  of  law ;  and  for  this  purpose  he  may  procure  competent  counsel  to 
represent  the  interests  of  the  State,  who  shall  be  paid  as  the  general  assembly  may  hereafter 
direct. 

SKC.  6.   Be  it  further  enacted.  That  the  office  of  auditing  clerk  in  the  penitentiary  be,  and 
the  same  is  hereby,  repealed. 

WILLIAM  HEISKELL. 

Speaker  of  the  House  of  Hfpnarntativet. 

SAMUEL  R.  RODGERS, 

Speaker  of  tht  Senate. 
Passed  May  24,  1865. 


CHAPTER  X. 

AN  ACT  to  provide  for  the  limitation  of  actions,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  genera!  assembly  of  the  State  of  Tennessee,  That  no  statute 
of  limitations  shall  be  held  to  operate  from  and  after  the  6th  day  of  May,  1861,  to  the  1st  day 
of  January,  1867,  and  from  the  latter  date  the  statutes  of  limitations  shall  commence  their 
operation  according  to  existing  laws,  and  the  time  between  the  6th  day  of  May,  1861,  and 
the  1st  day  of  January,  1867,  shall  not  be  computed,  nor  shall  any  writ  of  error  be  refused  or 
barred  in  any  suit  decided  since  the  6th  day  of  May,  1861,  or  within  one  year  immediately 
prior  to  that  date  by  reason  of  lapse  of  time. 

SEC.  2.  Be  it  enacted,  That  the  statutes  of  limitations  prescribed  in  chapter  2,  article  3, 
section  2784  of  the  Code  of  Tennessee,  shall  not  be  held  to  operate,  or  the  time  be  computed 
from  the  6th  of  May,  1861,  to  the  1st  of  January,  1867,  and  from  and  after  the  1st  day  of 
January, '1867,  said  statutes  of  limitation  shall  commence  its  operations  according  to  existing 
laws. 

SEC.  3.  Be  it  enacted,  That  if  at  any  time  any  cause  of  action  shall  accrue  against  any 
person  who  shall  be  out  of  this  State,  the  action  may  be  commenced  within  the  time  limited 
therefor,  after  such  persons  shall  come  into  the  State,  and  after  any  cause  of  action  shall  have 
accrued,  the  person  against  whom  it  has  accrued  shall  be  absent  from,  or  reside  out  of  the 
State,  the  time  of  his  abence  or  residence  out  of  State  shall  not  be  taken  as  any  part  of  the 
time  limited  for  the  commencement  of  the  action. 

SEC.  4.  Be  it  further  enacted,  That  in  all  cases  where  real  estate  is  subject  to  redemption, 
as  prescribed  in  chapter  5,  section  2124  to  2137,  inclusive,  of  the  Code  of  Tennessee,  the  time 
between  the  6th  day  of  May,  1861,  and  the  1st  day  of  January,  1867,  shall  not  be  held  to 
operate,  or  be  computed,  and  all  persons  entitled  to  redeem  such  real  estate  shall  have  six 
months  from  and  after  the  1st  day  of  January,  1867,  to  redeem  the  same  according  to  existiug 
laws. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  30,  1865. 


CHAPTER  XL 

AN  ACT  to  fix  the  fees  to  be  paid  by  commissioners  of  deeds  resident  in  other  States. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  secre 
tary  of  state  shall  be  allowed  a  fee  of  five  dollars  for  affixing  the  great  seal  of  the  State  to  the 
commission  of  each  commissioner  of  deeds  for  this  State. 

SEC.  2.    Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage, 

9  WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Keprcsrntatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  31,  1865. 


CHAPTER  XII. 
AN  ACT  for  the  relief  of  indigent  families  of  soldiers. 

SECTION  1.  Beit  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  county 
courts  of  this  State  shall  have  power,  at  any  quarterly  term,  a  majority  of  the  justice-;  <>f  the 
peace  of  the  county  being  present,  to  levy  a  tax  on  property  privileges  and  polls,  to  raise  a 
fund  for  the  relief  of  indigent  families  of  soldiers  in  the  United  States  army;  said  fund  to  be 
collected  and  paid  to  the  trustee,  as  now  provided  for  by  law:  Provided,  That  the  widowed 


RECONSTRUCTION —TENNESSEE.  29 

mothers,  wives,  and  minor  children  of  soldiers  who  have  died  in  the  federal  service  shall  have 
the  benefit  of  this  act  in  common  with  the  families  of  those  still  living. 

SEC.  'J.  Be  it  further  enacted,  That  the  fund  raised  under  the  provisions  of  the  first  section 
of  this  act  shall  be  under  the  control  of  the  county  court  of  the  county  where  raised,  and  shall 
be  used  only  for  the  purpose  for  which  it  was  raised,  unless  the  necessity  for  which  it  was 
intended  ceases,  then  it  shall  become  a  part  of  the  general  fund  of  the  county. 

SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  ROGERS, 

Speaker  of  the  Senate. 
Passed  May  3 1,1865. 


CHAPTER  XIII. 

AN  ACT  to  amend  the  corporation  of  the  city  of  Shelbyville,  and  for  other  purposes. 
SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  sheriff 
of  Bedford  county  shall  open  and  hold,  upon  ten  days'  notice,  an  election  for  mayor  and  alder 
men,  and  other  officers  of  the  town  of  Shelbyville,  according  to  existing  laws,  who,  when 
elected,  shall  have  all  the  powers,  until  their  successors  are  elected  at  the  next  regular  elec 
tion  and  qualified  as  required  bylaw,  that  are  conferred  by  law  on  said  mayor  and  aldermen, 
and  other  officers  of  the  corporation  of  said  town  of  Shelbyville. 


SEC.  2.  Be,  it  further  enacted,  That  the  sheriff  of  each  county  in  the  State  shall  open  and 
Id,  upon  ten  days'  notice,  an  election  for  mayor  and  aldermen,  and  other  officers  in  any 
incorporated  town,  village,  or  city,  according  to  existing  laws ;  who,  when  elected,  shall  have 
all  the  powers  conferred  on  them  by  their  respective  charters  of  incorporation,  and  until  their 
successors  are  elected  and  qualified,  as  required  by  la'w. 

SEC.  3.  Be  itfurthar  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  31.  1865. 


.  CHAPTER  XIV. 

AN  ACT  to  change  the  times  of  holding  the  chancery  courts  at  Athens  and  Benton,  in  this  State. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  chancery 
court  at  Athens,  McMinn  county,  Tennessee,  shall  hereafter  be  holden  on  the  fourth  Mondays 
of  May  and  November  in  each  year,  instead  of  third  Mondays  of  February  and  August,  as 
now  provided  by  law.  The  first  court  after  the  passage  of  this  act  shall  be  holden  on  the 
third  Monday  of  February  next,  as  heretofore,  but  forever  thereafter  the  chancery  courts  at 
Athens  shall  be  holden,  commencing  on  the  fourth  Mondays  of  May  and  November,  as  above 
provided. 

SEC.  "2.  Be  it  further  enacted,  That  hereafter  the  chancery  courts  at  Benton,  in  Polk  county, 
Tennessee,  shall  be  holden  on  the  third  Mondays  of  June  and  December  in  each  year,  instead 
of  the  first  Mondays  of  February  and  August,  as  now  provided  by  law;  and  the  first  court 
after  the  passage  of  this  act  shall  be  holden  on  the  third  Monday  of  June,  1865. 

SEC.  3.  Be  it  further  enacted,  That  the  chancery  courts  for  the  eighth  chancery  division  of 
this  State  shall  be  held  at  the  following  times  and  places  each  and  every  year:  fourth  Mon 
days  of  May  and  November  at  Athens,  McMinn  county,  Tennessee;  first  Mondays  of  June 
and  December  at  Madisonville,  Monroe  county,  Tennessee;  fourth  Mondays  of  June  and 
December  at  Maryville,  Blount  county,  Tennessee ;  Thursday  after  the  third  Mondays  of  April 
and  October  at  Kingston,  Roane  county,  Tennessee;  first  Mondays  of  April  and  October  at 
Kuoxville,  Kuox  county,  Tennessee;  second  Mondays  of  April  and  October  at  Seveirville, 
Seveir  county,  Tennessee;  first  Mondays  of  May  and  November  at  Clinton,  Anderson  county, 
Tennessee. 

SEC.  4.  Be  it  further  enacted,  That  hereafter  all  process  issued  from  any  of  said  chancery 
courts,  in  the  eighth  chancery  division  of  this  State,  shall  be  made  returnable  to  the  times 
and  places  mentioned  in  this  act,  and  that  the  next  chancery  court  at  Maryville,  Blount 
county,  Tennessee,  shall  be  holden  on  the  fourth  Monday  of  December,  1865,  instead  of  the 
time  heretofore  provided  for  by  law. 

SEC.  5.  Be  it  further  enacted,  That  the  chancellor  of  the  eighth  chancery  division  of  this 
State,  shall  have  full  power  and  authority  to  hold  the  circuit  courts  of  the  counties  composing 
said  chancery  division,  whether  by  interchange  with  a  circuit  judge  or  not:  and  such  circuit 
courts  as  he  may  hold,  and  such  causes  as  he  may  try  and  determine  in  such  circuit,  shall  be 


30  RECONSTRUCTION TENNESSEE. 

good  and  valid,  to  all  intents  and  purposes,  and  he  shall  have  and  exercise  all  the  powers  of 
circuit  judges. 

SEC.  6.   lie  it  further  enacted,  That  the  chancery  court  at  Taylorsville,  for  Johnson  county 
shall  be  held  on  the  third  Mondays  of  April  and  October. 

SEC.  7.   lie  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Iteprewntutitcs. 
SAMUEL  R.  RODGEKS, 

Speaker  of  the  Senate. 
Passed  June  2,  1865. 

CHAPTER  XV. 

AN  ACT  to  repeal  an  act  passed  on  the  19th  day  of  March,  1860,  to  repeal  section  4766  of 
the  code,  and  to  re-enact  section  4766  of  the  code. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  whoever  shall 
be  guilty  of  uttering  seditious  words  or  speeches,  spreading  abroad  false  news,  writing  or  dis 
persing  scurrilous  libels  against  the  State  or  general  government,  disturbing  or  obstructing 
any  lawful  officer  in  executing  his  office,  or  of  instigating  others  to  cabal  and  meet  together 
to  contrive,  invent,  suggest,  or  incite  rebellious  conspiracies,  riots,  or  any  manner  of  un 
lawful  feud  or  differences  thereby  to  stir  people  up  maliciously  to  contrive  the  ruin  and 
destruction  of  the  peace,  safety,  and  order  of  the  government,  or  shall  knowingly  conceal 
such  evil  practice,  shall  be  punished  by  line  and  imprisonment  at  the  discretion  of  the  court 
and  jury  trying  the  case,  and  may  be  compelled  to  give  good  and  sufficient  sureties  for  his 
or  her  good  behavior  during  the  court's  pleasure,  and  shall  be  incapable  of  bearing  any  oflice 
of  houoi,  trust,  or  profit  in  the  State  government  for  the  space  of  three  years. 

SEC.  '2.  Be  it  further  enacted,  That  it   shall  1  e  the  duty  of  the  judges  to  give  this  act  in 
charge  to  the  grand  jury,  and  no  prosecutor  shall  be  required  to  an  indictment  under  this  act. 
SEC.  3.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGEKS, 

Speaker  of  the  Senate. 
Passed  June  3,  1865. 


CHAPTER  XVI.  , 

AN  ACT  to  limit  the  elective  franchise. 

Whereas  the  first  article  and  the  first  section  of  the  declaration  of  rights  in  the  constitution 
of  the  State  of  Tennessee  declares:  "That  all  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority  and  instituted  for  their  peace,  safety,  and  happi 
ness;  for  the  advancement  of  these  ends  they  have  at  all  times  an  inalienable  and  iixli-u-usible 
right  to  alter,  reform,  or  abolish  the  government  in  such  manner  as  they  may  think  proper; 
and  whereas  a  large  and  respectable  convention  of  the  free  and  loyal  people  of  the  State,  of 
Tennessee  met  in  the  city  of  Nashville,  on  the  9th  day  of  January,  lc'65,  and  proposed  certain 
alterations  and  amendments  fo  the  constitution  of  the  State  of  Tennessee,  for  rejection  or  rati 
fication  by  the  loyal  people  on  the  2^d  of  February  following;  and  whereas  said  amendments 
and  schedule  were  solemnly  ratified  with  great  unanimity  by  the  authoritative  voice  of  the 
people ;  and  whereas  the  8th  section  of  said  schedule  provided  for  the  election  of  a  governor 
arid  members  of  the  legislature  on  the  4th  day  of  March,  1865,  and  who,  in  accordance  there 
with,  v.-eie  elected  by  the  ballots  of  the  loyal  people ;  and  whereas  the  same  authoritative 
Y( )!(•>-,  in  section  9th  of  the  schedule,  delegated  to  the  general  assembly  meeting  first  under 
this  amended  constitution,  the  right  to  fix  the  qualification  of  voters  and  the  limitation  of  the 
elective  franchise;  theiefore,  acting  faithfully  under  and  in  accordance  with  this  delegation 
of  supreme  power — 

SECTION  J.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  follow 
ing  persons,  to  wit : 

1.  Every  white  man  twenty-one  years  of  age,  a  citizen  of  the  United  States  and  a  citizen 
of  the  county  wherein  he  may  offer  his  vote  six  months  next  preceding  the  day  of  election, 
and  publicly  known  to  have  entertained  unconditional  Union  sentiments  from  the  outbreak 
of  the  rebellion  until  the  present  time;  and 

SJ.  Every  white  man,  a  citizen  of  the  United  States  and  a  citizen  of  the  county  wherein 
be  may  offer  his  vote  six  months  next  preceding  the  day  of  election,  having  arrived  at  lin 
age  of  twenty-one  years  since  March  4,  1865:  Provided,  That  he  has  not  been  engaged  in 
armed  rebellion  against  the  authority  of  the  United  States  voluntarily;  and 

3.  Every  white  man  of  lawful  age  coming  from  another  State,  and  being  a  citizen  of  the 
United  States,  on  proof  of  lo\alty  to  the  United  States,  and  being  a  citizen  of  the  county 
wherein  he  may  offer  his  vote  six  months  next  preceding  the  day  of  election ;  and 


RECONSTRUCTION TENNESSEE.  31 

4.  Every  white  man,  a  citizen  of  tlie  United  States  and  a  citizen  of  this  State,  who  has 
served  as  a  soldier  in  the  army  of  the  United  Status,  and  has  been  or  may  be  hereafter  honor 
ably  discharged  therefrom ;  arid 

5.  Every  white  man  of  lawful  age,  a  citizen  of  the  United   States  and  a  citizen  of  the 
county  wherein  he  may  offer  his  vote  six  months  next  preceding  the  day  of  election,  who 
was  conscripted  by  force  into  the  so-called  confederate  army,  and  was  known  to  be  a  Union 
man,  on  proof  of  loyalty  to  the  United  States,  established  by  the  testimony  of  two  voters 
under  the  previous  clauses  of  this  section;  and 

6.  Every  white  man  who  voted  in  this  State  at  the  presidential  election  in  November, 
18(54,  or  voted  on  the  2'2d  of  February,  1865,  or  voted  on  the  4th  of  March,  1865,  in  this 
State,  and  all  others  who  had  taken  the  "oath  of  allegiance"  to  the  United  States,  and  may 
be  known  by  the  judges  of  election  to  have  been  true  friends  to  the  government  of  the  United 
States,  and  would  have  voted  in  said  previously  mentioned  elections  if  the  same  had  been 
hokk-n  within  their  reach,  shall  be  entitled  to  the  privileges  of  the  elective  franchise. 

SEC.  '2.  Be  it  further  enacted,  That  all  persons  who  are  or  shall  have  been  civil  or  diplo 
matic  officers  or  agents  of  the  so-called  Confederate  States  of  America,  or  who  have  left 
judicial  stations  under  the  United  States  or  the  State  of  Tennessee  to  aid,  in  any  way,  the 
existing  or  recent  rebellion  against  the  authority  of  the  United  States,  or  who  are  or  shall 
have  been  military  or  naval  officers  of  the  so-called  Confederate  States,  above  the  rank  of 
captain  in  the  army  or  lieutenant  in  the  navy ;  or  who  have  left  seats  in  the  United  States 
Congress  or  seats  in  the  legislature  of  the  State  of  Tennessee  to  aid  said  rebellion,  or  have 
resigned  commissions  in  the  army  or  navy  of  the  United  States,  and  afterwards  have  volun 
tarily  given  aid  to  said  rebellion;  or  persons  who  have  engaged  in  treating  otherwise  than 
lawfully,  as  prisoners  of  war,  persons  found  in  the  United  States  service  as  officers,  soldiers, 
seamen,  or  in  any  other  capacities ;  or  persons  who  have  been  or  are  absentees  from  the 
United  States  for  the  purpose  of  aiding  the  rebellion ;  or  persons  who  held  pretended  offices 
under  the  government  of  States  in  insurrection  against  the  United  States ;  or  persons  who 
left  their  homes  within  the  jurisdiction  and  protection  of  the  United  States,  or  fled  before  the 
approach  of  the  national  forces  and  passed  beyond  the  federal  military  lines  into  the  so-called 
Confederate  States,  for  the  purpose  of  aiding  the  rebellion,  shall  be  denied  and  refused  the 
privilege  of  the  elective  franchise  in  this  State  for  the  term  of  fifteen  years  from  and  after  the 
passage  of  this  act. 

SEC.  3.  Be  it  further  enacted,  That  all  other  persons,  except  those  mentioned  in  section  1 
of  this  act,  are  hereby  and  henceforth  excluded  and  denied  the  exercise  of  the  privilege  of  the 
elective  franchise  in  this  State  for  the  term  of  five  years  from  and  after  the  passage  of  this  act. 
SEC.  4.  Be  it  further  enacted,  That  all  persons  embraced  in  section  3  of  this  act,  after  the 
expiration  of  said  five  years,  may  be  readmitted  to  the  privilege  of  the  elective  franchise  by 
petition  to  the  circuit  or  chancery  court,  on  proof  of  loyalty  to  the  United  States,  in  open 
court,  upon  the  testimony  of  two  or  more  loyal  citizens  of  the  United  States. 

SEC.  5.  Be  it  further  enacted,  That  so  long  as  any  of  the  white  citizens  of  the  State  of 
Tennessee,  who  by  this  act  are  entitled  to  exercise  the  elective  franchise,  shall  be  connected 
with  the  army  of  the  United  States,  or  with  the  military  force  of  this  State  in  actual  service, 
the  governor  shall  issue  writs  of  election  to  the  commanding  officers  of  such  brigades,  regi 
ments,  or  detachments  of  Tennessee  soldiers,  wherever  located,  who  shall  open  and  hold  the 
election,  and  receive  the  votes  of  their  respective  commands,  and  return  the  same  to  the 
secretary  of  state,  and  which  shall  be  counted  in  the  same  way  and  manner  as  if  said  votes 
hud  been  cast  in  any  of  the  counties  of  the  State  to  which  the  soldiers  belonged. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  'be  the  duty  Sf  the  county  court  clerk,  in  each 
county,  to  open  and  keep  a  registration  of  voters,  and  before  whom  proof,  under  oath,  that 
the  voter  falls  within  the  provisions  of  article  1  of  this  act,  shall  be  made:  Provided,  No 
man  of  publicly  known  Union  sentiments  shall  be  required  to  make  oath  in  doing  the  same; 
and  said  clerk  shall  receive  such  compensation  as  the  county  court  in  each  county  may  deem 
proper ;  and  also  said  clerk  shall  issue  to  all  such  persons  a  certificate  of  registration,  and  no 
one  shall  be  permitted  by  the  judges  of  election  to  vote  unless  so  registered. 
'  SEC.  7.  Be  it  further  enacted,  That  any  voter  may  be  challenged  by  an  admitted  voter  of 
section  1  of  this  act,  on  offering  his  vote;  and  thereupon  the  judges  of  election  shall  per 
emptorily  administer  to  the  person  so  challenged,  before  permitting  him  to  vote,  the  follow 
ing  oath,  said  oath  also  to  be  taken  by  all  judges  of  election  and  candidates  for  office: 

"OATH 


"  I  solemnly  swear  that  I  will  henceforth  support  the  Constitution  of  the  United  States 
and  defend  it  against  the  assaults  of  all  its  enemies;  that  I  am  an  active  friend  of  the  gov 
ernment  of  the  United  States  ;   that  I  will  heartily  aid  and  assist  the  loyal  pnjpii'  in  whatever 
nieasiiies 
and 
the 

faithfully  and  most  heartily  support  and  defend  the  constitution 
and  the  amendments  and  schedule  thereunto  appended  and  adopted  by  the  people  on  the  'J'Jd 
day  of  February,  1865 ;  and  also  all  acts  of  the  general  assembly  assembled  in  accordance 


rument  of  the  United  States  ;  that  I  will  heartily  aid  and  assist  the  loyal  people  in  whatever 
leasuies  may  be  adopted  under  the  Constitution  of  the  United  States,  and  under  all  laws 
nd  proclamations  made  in  pursuance  thereof,  to  establish  the  national  authority  over  a.l 
10  people  of  every  State  and  Territory  embraced  in  the  national  Union;  and  that  I  will 
iithf'ullv  find  most  bojirtilv  surmort  and  defend  the  constitution  of  the  State  ot  Tennessee, 


32  RECONSTRUCTION TENNESSEE. 

therewith  ;  and  that  I  take  this  oath  freely,  voluntarily,  and  without  mental  reservation:  So 
help  me  (»od." 

SEC.  s.  UK  it  further  enacted,  That  any  person  taking  this  oath  falsely  shall  be  guilty  of 
perjury,  jind  shall  sutler  the  pains  and  penftltiei  attached  to  that  crime. 

Sr.r.  (,i.  Hi-  itfitrthi-r  enacted,  Tluit  tin-  power  is  reserved  to  alter,  amend,  or  change  the 
provisions  of  this  act,  at  any  time  when,  in  the  opinion  of  this  general  assembly  of  the  State, 
it  is  right  and  proper  to  do  so. 

SEC.  JO.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  pas 
sage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGER8, 

Speaker  of  the  Senate. 
Passed  June  5,  3865. 

CHAPTER  XVII. 

AN  ACT  to  repeal  an  act  incorporating  a  military  department  in  Andrew  College,  and  the 
Memphis  Arms  Company,  and  for  other  purposes. 


„       ,     ,  authorizing  the  mayor 

ot  the  city  of  Memphis  and  the  sheriff  of  Shelby  county  to  call  out  the  154th  regiment  to 
suppress  insurrection,  riot,  or  invasion,  at  the  expense  of  the  city  and  county,  belaud  tlie 
same  is  hereby,  repealed. 

SEC.  3.  Be  it  further  enacted,  That  an  act  to  incorporate  the  Memphis  Light  Dragoon 
Company,  which  was  passed  January  3],  186],  be,  ami  is  hereby,  repealed. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  1865. 

CHAPTER  XVIII. 

AN  ACT  to  amend  section  117  of  the  code,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  crimi 
nal  court  of  the  county  of  Montgomery  be,  and  the  same  is  hereby,  abolished;  and  that  the 
jurisdiction  of  said  court  be,  and  the  same  is  hereby,  conferred  upon  the  circuit  court  of 
Montgomery  county  as  fully  and  completely  as  can  by  law  be  done. 

SEC.  2.  Be  il  further  enacted,  That  all  of  the  causes  in  the  criminal  court  of  Montgomery 
county  shall  be  transferred  to  the  circuit  court  of  Montgomery  county,  and  all  bonds  taken 
for  the  appearance  of  defendants  be  returnable  to  the  first  Tuesday  after  the  second  Monday 
in  September,  18(55,  before  said  circuit  court. 

SEC.  3-  #«  it  further  enacted,  That  the  circuit  judge  of  the  tenth  judicial  circuit  of  the 
State  of  Tennessee  shall  have  full  power  to  try  all  such  criminal  causes  as  may  be  thus 
transferred  to  it,  or  that  may  hereafter  arise  in  the  county  of  Montgomery;  and  that  he  is 
lierehy  clothed  with  fulj  power  to  iix  a  day  at  each  term  of  his  court  when  all  such  business 
shall  he.  iaUeil  up. 

Sr.r.  1.  lie  it  further  enacted,  That  there  shall  be  regularly  empanelled  a  grand  jury  for 
the  county  of  Davidson,  which  shall  be  elected,  sworn,  and  empanelled  bv  the  circuit 
court  of  Davidson  county,  and  shall  have  its  sittings  during  the  regular  session  of  said  court, 
and  with  full  power  of  all  other  grand  juries  in  the  State;  and  that  the  bills  and  present 
mcnts  so  made  by  the  grand  jury  thus  empanelled  and  returned,  shall  be  regularly  trats- 
fcned  to  the  criminal  court  of  Davidson  county  for  process  to  issue,  and  trial  to  be 'had,  as 
in  other  criminal  cases. 

SEC.  5.  Be  it  further  enacted,  That  the  circuit  court  of  Montgomery  county  shall  have  full 
power,  with  all  ether  criminal  courts  of  the  State,  to  organize  and  empanel  a  o-rand  jurv  as 
now  provided  tor  by  law. 

Sue.  (5.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage 

\\  ILLIAM   HKISKKLL," 
Speaker  of  the  House  of  Rt  presentntircs 
SAMUEL  R.   Rolx.KKS, 

Speaker  of  the  Senate. 

Pa  sod  June  5,  1865. 


RECONSTRUCTION TENNESSEE.  3  3 

CHAPTER  XIX 

AN  ACT  to  authorize  the  investment,  of  trust  funds,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  courts 
of  law  and  equity  in  this  State  be,  and  they  are  hereby,  authorized  to  have  the  money  and 
funds  in  the  hands  of  clerks  and  receivers,  or  trustees,  in  litigation,  or  under  the  control  of 
said  courts,  invested  in  the  public  stocks  or  bonds  of  the  United  States,  under  such  rules 
and  orders  in  each  case  as  may  be  legal  and  just. 

SEC.  2.  That  guardians,  executors,  administrators,  and  trustees  shall  also  be  authorized 
and  empowered  to  invest  money  and  funds  in  their  hands  in  the  public  stocks  or  bonds  of 
the  United  States,  and  make  report  thereof  to  the  county  court  of  the  county  where  such 
guardian,  executor,  administrator,  or  trustee  resides,  unless  another  mode  of  investment  is 
required  by  will  or  deed  of  the  testator  or  other  person  who  has  established  the  funds. 
SEC.  3.  This  act  to  be  in  force  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  1865. 

CHAPTER  XX. 

AN  ACT  to  establish  a  claim  agency  of  Tennessee  in  the  city  of  Washington. 

SECTION  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor, 
by  and  with  the  advice  and  consent  of  the  Senate,  be,  and  he  is  hereby,  directed  to  appoint 
an  agent  for  the  State  of  Tennessee,  learned  in  the  law  and  faithful  in  business,  who  shall 
keep  his  office  in  the  city  of  Washington,  whose  duty  it  shall  be,  whenever  requested  by  the 
party  or  parties  interested,  to  prosecute  before  the  Court  of  Claims  at  Washington,  or  before 
a-ny  of  the  departments  at  Washington,  any  claim  or  demand  growing  out  of  the  existing 
war  which  the  State  of  Tennessee,  or  any  citizen  or  soldier  thereof,  has  against  the  govern 
ment  of  the  United  States:  Provided,  That  the  person  appointed  under  this  act  shall  hold  no 
other  office  or  appointment  under  the  United  States  or  the  State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  agent  to  answer  all  com 
munications  addressed  to  him  by  any  Tennessee  soldier  or  citizen,  or  any  officer  of  the  State 
government,  in  regard  to  any  matter  of  business  in  any  of  the  departments  at  Washington. 

SEC.  3.  Be  it  further  enacted,  That  said  agent  shall  perform  such  other  duties  as  may  from 
time  to  time  be  required  of  him  by  the  governor,  and  may  be  removed  by  the  governor  when 
ever,  in  his  opinion,  the  interest  of  the  people  of  Tennessee  require  it. 

SEC.  4.  Be  it  further  enacted,  That  the  agent  appointed  under  this  act  shall  not,  directly 
or  indirectly,  receive  or  charge  any  fee  for  services  rendered  under  this  act  to  Tennessee 
soldiers,  their  widows,  heirs,  and  legal  representatives ;  nor  shall  he  purchase,  trade,  or  deal 
in  any  claim  against  the  United  States,  whether  the  same  is  or  is  not  in  his  hands  for  collec 
tion. 

SEC.  5.  Be  it  further  enacted,  That  any  violation  by  said  agent  of  the  provisions  of  thc- 
preceding  section  shall  be  a  misdemeanor  in  office,  and  punishable  by  fine  or  imprisonment, 
or  both,  at  the  discretion  of  the  jury.  He  may  be  indicted  in  the  circuit  court  of  the  county 
where  the  claimant  or  soldier  resides,  or  in  the  circuit  court  of  the  county  in  which  the  agent 
resides. 

SEC.  6.  Be  it  further  enacted,  That,  before  entering  on  the  discharge  of  the  duties  of  his 
office,  he  shall  take  the  oath  that  other  officers  of  this  State  are  required,  under  the  Consti 
tution,  to  take,  and  shall  execute  a  bond  with  sufficient  security,  to  be  approved  of  by  the 
governor,  conditioned  that  he  will  faithfully  and  diligently  discharge  the  duties  of  his  office ; 
make  full,  fair,  and  complete  returns  of  all  claims  and  funds  which  may  conic  into  his  hands 
or  may  be  intrusted  to  him,  and  pay  over  to  the  claimant  all  money,  vouchers,  and  ertV'rts 
which  he  may  receive  for  any  claimant ;  and  that  he  will  not,  directly  or  indirectly,  purchase, 
trade,  or  deal  in  any  claim  whatever  against  the  United  States;  which  bond  shall  be  tiled 
and  preserved  in  the  office  of  the  secretary  of  state,  and  upon  which  any  one  aggrieved  may 
maintain  a  suit  for  any  breach  thereof,  and  any  recovery  on  the  same  shall  not  bar  any  other 
suit  upon  the  same  for  any  other  and  distinct  cause  of  action. 

SEC.  7.  Be  it  further  enacted,  That  the  agent  shall  receive,  as  compensation  for  his  services 
under  this  act,  a  salary  of  fifteen  hundred  dollars,  payable  out  of  the  State  treasury. 

SEC.  8.  Be  it  further  enacted,  That  for  prosecuting"  the  claims  of  the  State,  or  the  claims 
of  soldiers,  their  widows,  heirs,  and  legal  representatives,  said  agent  shall  receive  no  other 
compensation  than  the  salary  herein  allowed,  but  for  prosecuting  and  collecting  the  claims 
of  other  persons,  citizens  of  Tennessee,  he  is  allowed  to  charge  any  fee  agreed  upon  between 
him  and  the  claimant  not  exceeding  live  per  centum  on  the  amount  of  the  claim  allowed, 
where  such  allowance  is  one  hundred  dollars  or  less ;  if  over  one  hundred  and  not  exceeding* 

3   T 


34  RECONSTRUCTION — TENNESSEE. 

one  thousand  dollars,  five  dollars  on  the  first  hundred  dollars  and  three  per  centum  on  the 
residue  may  be  charged,  and  if  more  than  one  thousand  dollars,  then  two  and  a  half  per 
centum  oii  the  excess  pyer  one  thousand  dollars  collected:  Provided,  The  agent  shall  not 
attend  to  the  prosecution  of  the  claims  of  any  other  State,  and  for  a  violation  of  this  section 
he  shall  be  dismissed  from  his  office  by  the  governor,  and  on  indictmert  in  the  circuit  court 
of  the  county  where  the  claimant  resides,  fined  in  a  sum  not  exceeding  five  times  the  auiount 
of  fees  charged. 

Set;.  9.  Be  it  further  enacted,  That  the  agent  shall  hold  his  office  for  a  period  not  exceeding 
two  years  from  the  first  day  of  October,  1865;  and  in  the  event  of  his  death,  resignation,  or 
removal  from  office,  the  governor  may  appoint  a  successor  for  the  unexpired  term,  who  shall 
receive  the  office,  books,  papers,  and  claims  of  his  predecessor,  and  be  governed  by  the  pro 
visions  of  the  foregoing  sections  of  this  act. 

SEC.  10.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage, 
and  shall  continue  in  force  until  the  first  day  of  October,  eighteen  hundred  and  sixty -seven. 

WILLIAM  HEISKELL, 

Speaker  of  the  Houae  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  1865. 


CHAPTER  XXI. 

AN  ACT  for  the  benefit  of  discharged  Union  soldiers. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  Stale  of  Tennessee,  That  all  dis 
charged  Union  soldiers,  who  have  served  either  as  State  or  Federal  soldiers,  and  have  been 
honorably  discharged  the  service,  and  all  citizens  who  have  always  been  loyal,  shall  be  per 
mitted  to  carry  any  and  all  necessary  side-arms,  being  their  own  private  property,  for  their 
personal  protection  and  common  defence. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  licpresentat ivcs. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  1865. 


CHAPTER  XXII. 

AN  ACT  accepting  on  the  part  of  the  State  of  Tennessee  a  grant  of  lands  made  by  the  United 
States  to  the  several  States  and  Territories  which  may  provide  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  an  act  of 
Congress  of  the  United  States,  approved  July  5,  J86'2,  entitled  an  act  donating  public  lands 
to  the  several  States  and  Territories  which  may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,  and  the  grant  of  land  and  land  scrip  thereby  made  be,  and  the  same 
is  hereby,  accepted  on  the  part  of  the  State  of  Tennessee. 

SEC.  2.  And  be  it  enacted,  That  the  said  grant  of  land  and  land  scrip  is  hereby  accepted 
for  tli-e  purposes  and  upon  the  conditions  in  said  act  of  Congress  specified,  and  the  assent  of 
the  .State  of  Tennessee  to  the  several  conditions  and  provisions  in  said  act  contained  is  hereby 
signified  and  expressed. 

SBC.  3.  And  be  it  enacted,  That  the  governor  of  this  State,  and  such  person  as  he  shall 
appoint  for  that  purpose,  are  hereby  appointed  commissioners  for  the  State  to  receive  from 
the  Secretary  of  the  Interior,  or  other  officer  of  the  United  States,  the  laud  scrip  to  which  the 
State  of  Tennessee  is  or  may  be  entitled  under  the  act  of  Congress  aforesaid;  said  scrip  to 
lie  held  by  said  commissioners  for  the  State  until  provision  is  made  by  law  for  the  sale  thereof 
and  investment  of  the  proceeds  in  accordance  with  the  provisions  of  said  act  of  Congress. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  6,  1865. 

CHAPTER  XXIII. 

AN  ACT  to  provide  for  the  payment  of  certain  counsel  fees. 

SECTION  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  in  all 
•crises  where  suits  have  been  brought,  or  may  hereafter  be  brought,  against  any  persons 
tluvt  have  been  connected  as  president,  cashier,  directors,  debtors,  or  in  any  way  liable  to  the 


RECONSTRUCTION — TENNESSEE.  35 

Bank  of  Tennessee  or  branches,  by  attorneys,  instructed  by  the  attorney  general  of  the  St;ito 
to  bring  said  suits,  said  attorneys  shall  be  paid  such  compensation  for  their  services  us  (he 
governor,  secretary  of  the  State,  and  the  attorney  general  of  the  State  may  deem  just ;'  the  same 
to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated,  upon  the  certifiriite 

said  officers  certifying  the  amount  to  the  comptroller. 

,  SEC.  "2.  Be  it  further  enacted,  That  in  all  cases  where  the  interest  of  the  State  requires 
Mn  the  judgment  of  the  governor  and  attorney  general  of  the  State)  additional  counsel  to 
*he  attorney  general  of  the  State  or  district  attorney,  the  governor  shall  employ  such  counsel, 
who  shall  be  paid  as  provided  in  the  first  section  of  this  act.  This  act  to  take  effect  from  and 
after  its  passage. 

WILLIAM  HETSKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  7,  1865. 

CHAPTER  XXIV. 

AN  ACT  for  the  protection  of  sheriffs  and  other  civil  officers  of  the  State. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the 
sheriffs  of  -the  sevl  counties  in  this  State  are  hereby  authorized  to  raise  a  posse  of  rnen, 
not  to  exceed  twenty -five  in  number,  as  a'  county  patrol,  and  to  aid  the  sheriff  and  all  other 
civil  officers  of  the  county  in  enforcing  civil  law  and  order ;  and,  further,  the  sheriffs  of  the 
different  counties  in  this  State  shall,  in  all  cases  of  emergency,  have  discretionary  power  to 
summon,  in  addition  to  the  posse  granted  by  this  act,  as  many  more  men  as  will,  in  his 
judgment,  be  sufficient  to  either  capture  or  disperse  all  opposing  forces. 

SEC.  2.  Be  it  further  enacted,  That  the  above  county  guards  shall  consist  of  the  citizens  of 
the  county,  and  none  shall  be  eligible  to  Serve  but  such  as  have  a  good  moral  character  and 
unquestionably  loyal  to  the  United  States  and  State  of  Tennessee. 

SEC.  3.  Be  it  further  enacted,  That  the  expense  of  raising  and  keeping  in  said  service  the 
above  force  shall  be  paid  by  the  county  in  which  it  is  raised,  and  the  clerk  of  said  county 
shall  keep  a  current  account  of  all  such  expenses,  and  report  the  same  to  the  comptroller  of 
the  State,  and  that  the  county  court  shall  have  power  to  disband  the  same  when  in  their 
opinion  the  causes  for  which  they  were  raised  shall  have  passed  away. 

SEC.  4.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEI^KELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R,  RODGERS,  * 

Speaker  of  the  Senate. 

Passed  June  7,  1865. 

CHAPTER  XXV. 

AN  ACT  "  to  regulate  the  stock  of  the  county  of  Sumner  in  the  Nashville  and  Louisville 
railroad,  and  for  other  purposes." 

Whereas,  under  the  authority  of  an  act  of  the  general  assembly  of  the  State  of  Tennessee, 
the  citizens  of  Sumuer  county  voted  to  subscribe  $300,000  stock  in  the  Louisville  and  Nash 
ville  railroad ;  and  whereas,  by  a  subsequent  act  of  the  legislature,  said  subscription  was 
paid  by  the  issuance  of  the  bonds  of  the  county,  payable  in  twenty  years,  with  six  per 
cent,  interest,  payable  semi-annually  in  the  city  of  New  York,  $100,000  of  which  are  dated 
the  ]st  of  June,  1854,  $100,000  of  which  are  dated  1st  of  June,  1855,  and  the  remaining 
$1(JO,000  the  1st  of  June,  1856 ;  all  of  which  were  delivered  to  the  president  of  the  Louisville 
and  Nashville  railroad,  and  for  which  the  county  received  a  certificate  of  stock  in  said  railroad 
to  the  amount  of  $300,000  ;  and  whereas  there  has  been  no  provision  made  for  the  redemp 
tion  of  the  bonds  of  the  county,  issued  as  afoiesaid  to  pay  off  the  interest  that  has  accrued 
since  the  1st  clay  of  January,  1861 : 

Now,  therefore,  in  order  to  enable  the  people  of  said  county  to  free  themselves  from  sa 
indebtedness,  t 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  county 
judge  of  Sumner  county  shall  have  the  power,  and  it  is  hereby  made  his  duty,  to  advertise  in 
some  one  of  the  papers  published  in  the  city  of  Nashville  and  Louisville,  requesting  the 
holders  of  the  bonds  of  Sumner  county  to  file  in  his  office  their  amount,  date,  and  ruimber, 
and  to  open  a  negotiation  with  said  holders  for  the  payment  of  said  bonds  in  the  stock  of  said 
county'  in  the  Louisville  and  Nashville  railroad,  at  par ;  and  in  all  cases  where  the  holders  oi 
any  of  said  bonds  shall  agree  to  take  said  stock,  or  a  regular  transfer  thereof,  dollar  for 
dollar,  then  the  said  county  judge  shall  make  said  exchange,  and  by  power  of  atto.  i  « y 
acknowledged  before  the  clerk  of  the  county  court,  or  in  person,  transfer,  said  stock  upon  the 


36  KECONSTRUCTION TENNESSEE. 

books  of  the  company  to  such  holder,  or  his,  her,  or  their  order,  and  receive  in  lieu  of  said 
stock  such  bond  or  bonds  so  paid ;  and  he  shall  report  to  the  next  term  of  the  county  court 
all  of  the  bonds  so  taken  up.  As  he  shall  so  receive  a  bond,  he  shall  write  in  legible  letters 
across  its  face  cancelled,  with  the  date  and  his  official  signature  ;  and  it  shall  be  his  duty,  in 
the  presence  of  the  clerk  thereof  and  such  justices  of  the  peace  as  may  be  present,  to  cancel 
said  bonds,  and  record  shall  be  made  upon  the  minutes  of  said  court  of  said  cancellation. 

SEC.  2.  Be  it  further  enacted,  That,  to  meet  any  interest  due  on  said  bonds,  the  county 
judge  of  Sumrier  county  is  authori/cd  and  required  to  ascertain  from  said  company  what 
is  the  amount  of  dividends  due  the  county  on  said  stock ;  and  after  giving  three  months' 
notice  to  holders  of  coupons  in  the  papers  ai'oresaid,  he  will  pro  rata  the  same  among  said 
holders  who  shall  present  the  same  as  notified,  and  give  such  parties  delivering  up  their 
coupons  authority  to  draw  their  portion  of  said  dividends,  and  as  coupons  shall  be  thus  taken 
up,  they  shall  be  cancelled  in  like  manner  provided  for  the  cancellation  of  the  bonds  :  Provided, 
however,  That  in  case  any  holder  of  a  bond  with  interest  due  thereon  from  the  1st  of  January, 
1861,  shall  be  willing  to  exchange  his  bond  and  interest  for  the  like  amount  of  stock  and 
such  dividends  as  may  be  due,  then  said  county  judge  shall  make  said  exchange  and  deliver 
the  necessary  transfers ;  all  of  which  shall  be  reported  as  aforesaid. 

SEC.  3.  lie  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate 

Passed  June  7,  1865. 

CHAPTER  XXVI. 

AN  ACT  to  accept  the  surrender  of  the  charter  of  the  Bank  of  Middle  Tennessee,  and  for 

other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  sur 
render  of  the  charter  of  the  Bank  of  Middle -Tennessee,  at  Lebanon,  be  accepted,  and  that 
the  stockholders  in  said  bank  have  three  years  to  settle  or  litpiidate  the  business ;  and  that 
all  persons  holding  the  notes  of  said  bank  shall  present  them  to  said  bank  for  payment  within 
three  years,  or  afterwards  they  will  be  barred  ;  that  said  stockholders  shall  have  all  the  privi 
leges  conferred  by  their  charter  which  are  necessary  to  the  collecting  the  debts  and  liquidating 
said  bank,  and  that  said  bank  be  exempted  from  the  tax  imposed  by  its  charter  during  the 
three  years  granted  by  this  act. 

SEC.  2.  Be  it  further  enacted,  That  no  bank  in  this  State  shall  be  employed  to  act  as  a 
fiscal  agent  of  the  State  Avhose  president  and  cashier  and  directors  have  not  been  since  the 
beginning  of  the  rebellion,  and  are  now,  unconditional  Union  men. 

SEC.  3.  Be  it  further  enacted,  That  all  stock  banks  in  this  State  shall  be  allowed  to  sur 
render  their  charters  upon  the  same  terms,  "and  have  the  same  time  allowed  them  in  which  to 
wind  up  their  business  as  is  allowed  by  this  act  to  the  Bank  of  Middle  Tennessee :  Provided, 
That  each  application  shall  be  accompanied  by  a  special  exhibit  of  the  bank,  showing  its 
ability  to  meet  all  its  liabilities. 

SEC.  4.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House,  of  Representatives, 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  JuneS,  1865. 


CHAPTER  XXVII. 

AN  ACT  to  repeal  the  law  apportioning  money  to  division  fairs  and  county  societies! 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  section  284 
of  article  3,  chapter  4,  title  3,  of  the  code  be,  and  is  hereby,  repealed. 

SEC;.  •>.  Be  itfurthtr  enacted,  That  section  290  of  article  4,  chapter  4,  title  3,  of  the  code 
be,  and  is  hereby,  repealed.  , 

SEC.  3.  Be  it  further  enacted,  That  no  Vuoney  shall  he  paid  out  of  the  treasury  for  aiiy  an 
nual  appropriation  to  division  fairs  and  county  societies  that  may  be  due  them,  or  which  they 
may  claim  for  any  past  year  or  years;  and  that  this  act.shall  take  etfect  from  and  after  its 
passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Sneaker  of  the  Senate. 
Passed  June  8   1865 


RECONSTRUCTION TENNESSEE.  37 

CHAPTER  XXVIII. 

AN  ACT  to  supply  lost  deeds  and  title  papers. 

Whereas,  under  the  casualties  of  war,  many  of  the  records  belonging  to  the  several  offices 
•»f  the  registers  of  the  different  counties  in  the  State  have  been  lost  and  destroyed,  and  it  is 
necessary  to  preserve,  as  far  as  possible,  the  muniments  of  title  to  land:  Therefore, 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  present  or  any  sub 
sequent  owner  oi  land  in  this  State  may,  for  the  purpose  of  perpetuating  the  evidence  of  his 
title  to  his  land,  carry  to  any  of  the  registers  of  the  counties  in  this  State  where  his  laud  or 
lands  are  situated  the  original  conveyances  which  may  be  in  his  possession,  or  the  possession 
of  any  one  else,  and  have  the  same  recorded  by  said  register  in  the  register's  books,  together 
with  the  certificate  attached  to  said  original  conveyances  showing  that  it  had  been  previously 
duly  registered ;  and  if  the  owner  of  the  land  should  be  informed  of  the  existence  of  any  original 
conveyance  in  the  possession  of  any  third  party  who  will  not  voluntarily  produce  it  for  regis 
tration,  then  the  register,  on  the  application  of  the  owner  of  the  land  in  writing,  may  cause  a 
subpoena  duces  tecum  to  issue  to  compel  the  holder  to  produce  said  deed  or  conveyance,  so  that 
it'may  be  registered  for  the  security  of  the  title  of  the  claimant  or  owner.  The  register  shall 
receive  the  same  fees  as  now  fixed  by  law  for  similar  services,  to  be  paid  by  the  applicant. 
And  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  tfte  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1865. 


CHAPTER  XXIX. 

AN  ACT  to  modify  the  oath  prescribed  for  liquor  dealers. 

SECTION  1.  Be  it  enacted  ly  the,  general  assembly  of  the  State  of  Tennessee,  That  the  oath 
prescribed  in  article  6,  section  691,  of  the  code  be,  and  is  hereby,  so  amended  as  to  read  as 
follows,  to  wit: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  not,  under  the  license  which  I  am  about  to 
obtain,  knowingly  permit  or  connive  at  any  gaming  for  money,  or  any  other  valuable  con 
sideration,  in  the  house  in  which  I  may  retail  spirits,  or  in  any  other  place  of  which  I  may 
have  control,  either  directly  or  indirectly;  and  if  any  person  should  game  or  bet  to  my 
knowledge,  (and  I  will  exercise  due  diligence  to  know,)  I  will  give  information  thereof  to 
the  grand  jury  of  my  county  at  the  next  term  of  the  court:  So  help  me  God." 

SEC.  2.  Beit  further  enacted,  That  all  persons  now  holding  license  under  said  section  (691) 
may  return  the  same  to  the  clerk  of  their  respective  county  courts,  and  demand  in  lieu  there 
of  (on  payment  of  the  usual  clerk's  fee  for  a  new  license)  a  license  for  their  unexpired  time, 
in  conformity  with  this  act. 

SEC.  3.  Be  it  further  enacted,  That  so  much  of  said  section  as  is  in  conflict  with  this  act  be, 
and  the  same  is  hereby,  repealed. 

SEC.  4.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Passed  May  8,  1865.  Speaker  of  the  Senate. 

CHAPTER  XXX. 

AN  ACT  to  release  the  citizens  from  paying  the  State  and  county  taxes  for  the  years  1862, 

1863,  and  1864.  f 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  people 
of  the  State  of  Tennessee  be,  and  are  hereby,  released  from  the  payment  of  the  State  tax  for 
the  years  1862,  1863,  and  1864  :  Provided,  That  nothing  in  this  act  shall  be  soconstrued  as  to 
refund  to  the  people  any  taxes  already  collected  for  said  years. 

SEC.  2.  Be  it  further  enacted,  That  the  county  courts  of  the  respective  counties  in  this  State 
may  release  the  people  of  their  counties  from  the  payment  of  the  county  taxes  for  the  years 
specified  in  the  first  section  of  this  act:  Provided,  Nothing  in  this  section  shall  be  so  construed 
as  to  refund  any  county  taxes  already  collected. 

SBC.  3.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate 
Passed  June  8,  1865. 


38  RECONSTRUCTION TENNESSEE. 


CHAPTER  XXXI. 

AN  ACT  to  amend  "An  act  to  reform  and  regulate  banking  in  Tennessee,"  passed  February 

<•>,  I860. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  32d 
section  of  said  act  he  so  amended  as  that  the  .surrender  of  charters  of  banks  therein  provided 
for  niiiy  be.  made  to  the  governor  of  the  State  of  Tennessee,  at  any  time  when  the  legislature 
of  said  State  is  not  in  session,  and  that  such  surrender  shall  be,  to  all  intents  and  purposes, 
as  good  and  valid  as  if  made  to  the  legislature. 

SEC.  2.  Be  it  further  enacted,  That  the  same  privileges  mentioned  in  the  first  section  of 
this  act  are  conferred  upon  all  stock  banks  in  the  State,  and  each  and  every  bank  in  the  State 
is  hereby  authorized  and  empowered  to  make  an  assignment  of  the  effects  of  said  bank  or 
banks,  t'o  any  trustee  or  trustees,  receiver  or  otherwise:  Provided,  That  said  assignment  is 
made  so  as  to  give  the  preference  to  the  bill-holders  thereof,  over  all  other  creditors  of  such 
biiuk  or  association:  And  provided,  The  assets  so  transferred  and  assigned  are  made  secure 
in  the  hands  of  the  trustee,  receiver,  or  agent. 

SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXXII.  / 

AN  ACT  to  declare  and  make  valid  certain  acts  of  certain  officers  of  this  State. 

SEC.  1.  Be  it  enacted  by  the  general  assembly  of  the,  State  of  Tennessee,  That  all  process, 
original,  inesne  or  final,  issued  since  the  first  day  of  September,  1863,  by  clerks  de  facto,  act 
ing  in  good  faith,  of  the  county,  circuit,  or  chancery  courts,  Imlden  under  the  true  and  lawful 
government  of  the  State,  or  under  authority  of  the  United  States,  be,  and  is  hereby  declared, 
good  and  valid  in  law. 

SEC.  2.  Be  it  further  enacted,  That  all  process  issued  from  said  courts,  since  said  period  of 
time,  served  or  executed  by  any  sheriff,  coroner,  or  constable  de  facto,  and  acting  in  good 
faith,  be,  and  is  hereby,  declared  to  be  legally  served  and  executed  in  law,  and  shall  be  held 
good  and  valid  in  law :  Provided,  No  execution  of  any  order,  judgment  or  decree,  or  sale 
thereunder,  shall  be  deemed  or  taken  to  be  good  or  valid  in  law,  unless  said  court  had  juris 
diction  thereof,  and  said  order,  judgment  or  decree,  or  sale  thereunder,  was  valid  and 
binding  in  law. 

SEC.  3.  Be  it  further  enacted,  That  the  governor  of  the  State  be,  and  is  hereby,  authorized 
to  commission  all  officers  elected  in  the  county  of  Carroll,  under  the  proclamation  of  Andrew 
Johnson,  military  governor  of  the  State  of  Tennessee,  on  the  first  Saturday  in  March,  1864, 
and  that  the  county  and  circuit  courts  of  said  county  take  all  proper  bonds  of  th  said 
officers,  and  qualify  them  according  to  law. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1865. 


CHAPTER  XXXIII. 

AN  ACT  to  provide  for  the  payment  of  the  governor's  staff. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  of  the 
State  shall  keep  an  account  with  the  officers  composing  th?  governor's  staff,  and  shall  settle 
with  them  every  two  months,  and  shall  issue  his  warrant  upon  the  treasurer  for  the  amount 
due  them  from  time  to  time ;  and  that  this  act  shall  take  effect  from  and  after  the  date  of  its 
passage. 

WILLIAM   HEISKELL, 
Speaker  of  tin  House  of  Reprtstnfatvott. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  9,  1865. 


RECONSTRUCTION TENNESSEE.  39 

CHAPTER  XXIV. 

AN  ACT  to  apportion  the  representation  in  the  Congress  of  the  United  States. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  coun 
ties  of -Johnson,  Carter,  Sullivan,  Washington,  Hawkins,  Hancock,  Green,   Cocke,  Jeffer-  ,_ 
son,  Granger,  and  Sevier  shall  compose  the  first  congressional  district  of  this  State. 

The  counties  of  Claiborne,  Union,  Knox,  Campbell,  Scott,  Morgan,  Anderson,  Blount, 
Monroe,  Polk,  McMiun,  Bradley,  and  Roane  shall  compose  the  second  congressional  district 
of  this  State. 

The  counties  of  Meigs,  Rhea,  Hamilton,  Marion,  Grundy,  Bledsoe,  Van  Buren,  Sequatchie, 
Warren,  White,  Smith,  Cumberland,  Putnam,  Jackson,  Macon,  Overton,  DeKalb,  and  Fen- 
tress  shall  compose  the  third  congressional  district  of  this  State. 

The  counties  of  Rutherford,  Cannon,  Coffee,  Franklin,  Lincoln,  Bedford,  Marshall,  and 
Giles  shall  compose  the  fourth  congressional  district  of  this  State. 

The  counties  of  Williamson,  Davidson,  Wilson,  Sumner,  Robertson,  and  Cheatham  shall 
compose  the  fifth  congressional  district  of  this  State. 

The  counties  of  Lawrence,  Wayne,  Hard  in,  Decatur,  Perry,  Lewis,  Maury,  Hickman, 
Humphreys,  Dickson,  Montgomery,  and  Stewart  shall  compose  the  sixth  congressional  dis 
trict  of  this  State.  • 

The  counties  of  Benton,  Henry,  Weakley,  Obion,  Dyer,  Gibson,  Lauderdale,  Henderson, 
and  Carroll  shall  compose  the  seventh  congressional  district  of  this  State. 

The  counties  of  McNairy,  Hardeman,  Fayette,  Shelby,  Tipton,  Madison,  and  Haywood 
shall  compose  the  eighth  congressional  district  of  this  State. 

SEC.  2.  Be  it  further  enacted,  That  sections  two,  three,  and  four  of  an  act  of  the  general 
assembly  of  this  State,  passed  the  '20th  day  of  February,  1852,  entitled  "An  act  to  appor 
tion  the  representation  in  the  Congress  of  the  United  States,"  be,  and  the  same  is  hereby, 
revived,  and  the  same  shall  govern  and  control  all  persons  therein  named. 

SEC.  3.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  9,  1865. 

CHAPTER  XXXV. 

AN  ACT  to  secure  the  funds  provided  for  public  education. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  pres 
ent  funds  in  coin  belonging  to  the  Bank  of  Tennessee  be  invested  by  the  governor,  secre 
tary  of  State,  and  comptroller,  in  United  States  or  Tennessee  bonds,  and  be  subject  to  future 
legislative  control. 

SEC.  2.  Be  it  further  enacted,  That  the  governor,  secretary  of  state,  and  comptroller  ot 
the  State  be  authorized  to  employ  such  agencies  as  they  may  deem  necessary  for  the  pur 
pose  to  investigate  into  the  assets  of  the  Bank  of  Tennessee,  and  to  ascertain  and  schedule 
the  amount  and  value  thereof,  and  that  the  sum  of  ($1,500)  fifteen  hundred  dollars,  if  so 
much  be  necessary,  be,  and  it  is  hereby,  appropriated,  out  of  the  treasury  of  the  State,  to 
meet  the  services  provided  for  by  this  section. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  9,  1865. 

CHAPTER  XXXVI. 

AN  ACT  to  pay  the  current  expenses  of  this  session  of  the  general  assembly,  and  for  other 

purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comp 
troller  of  the  treasury  issue  his  warrant  to  each  member  of  the  senate  and  house  of  repre 
sentatives  for  the  sum  stated  to  be  due  to  each  in  the  annexed  report  of  the  committee  on 
finance.  . 

SEC.  2.   Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  the  officers  ot 
senate  and  house  of  representatives,  viz:  To  E.  P.  Cone,  principal  clerk,  senate,  71  days, 
$426;  H.  G.  Flagg,  engrossing  clerk,  senate,  71  days,  $426;  G.  O.  Cate,  doorkeeper,  srn.-ttt-, 
71  days,  $284 ;  H.   W.  Barr,  messenger,  senate,  $64  ;  James  T.  Shelley,  principal  clerk, 


40  RECONSTRUCTION — TENNESSEE. 

house  of  representatives,  38  days,  $223;  E.  A.  James,  principal  clerk,  house  of  representa 
tives,  :>>'•'>  days,  sl'.H:  Joseph  P.  Galbraith,  assistant  clerk,  house  of  representative-;,  71  days, 
$42(>;  G.  W.  Blackburn,  engrossing  clerk,  house  of  repreaentatirea,  71  days,  $426;  A.  Hill, 
doorkeeper,  house  of  representatives,  71  days,  §W4  ;  J.  L.  Martin,  assistant  doorkeeper, 
house  of  representatives,  71  days,  s^S4. 

.  SEC.  3.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrants  to 
the  following  persons  for  stationery,  &c.,  &«-.:  To  John  Wallace  &  Co.,  ninety-one  dollar*- 
to  Thomas  Wells,  three  hundred  and  fifty-five  dollars  and  fifty  cents;  to  William  T.  Berry 
&  Co.,  four  hundred  and  fifty-one  dollars  and  sixty -five  cents. 

Si.c.  4.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  Samuel  R.  Rod- 
gers,  speaker  of  the  senate,  for  the  hem-tit  of  Abraham  Smith,  a  free  man  of  color,  for  at 
tending  to  the  water-closet  during  (he  session,  for  the  sum  of  two  dollars  per  day. 

SEC.  5.  Be  it  further  enacted.  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
Samuel  R.  Rodgers,  speaker  of  the  senate,  for  two  hundred  and  eighty-four  dollars  for  the 
services  of  David  Skaggs,  for  attending  in  the  senate  as  porter  and  messenger,  seventy-one 
days. 

SEC.  C.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
William  Heiflkell,  speaker  of  the  house  of  representatives,  for  the  sum  of  one  hundred  and 
forty-two  dollars ;  and  two  hundred  and  thirteen  dollars  for  the  services  of  Bryce  B.  Rouls- 
ton  and  Buck  Lewis,  for  attending  upon  the  house  of  representatives. 

SEC.  7.  Be  it  further  enacted,  That  the  principal  clerk  of  the  senate  shall  remain  a  suffi 
cient  time  after  the  adjournment  to  file  the  papers  of  the  senate  in  the  office  of  the  secretary 
of  State,  and  close  his  business,  for  which  he  shall  be  allowed  his  per  diem;  and  that  the 
said  clerk  be  allowed  thirty  cents  per  page  for  copying  the  unfinished  journal,  and  that  the 
comptroller  issue  his  warrant  for  the  same. 

SEC.  8.  Be  it  further  enacted,  That  E.  A.  James,  principal  clerk  of  the  house  of  represent 
atives,  shall  remain  a  sufficient  time  after  the  adjournment  to  file  the  papers  of  the  house  of 
representatives  in  the  office  of  the  secretary  of  State  and  close  his  business,  for  which  he 
shall  be  allowed  his  per  diem ,  and  that  the  said  clerk  be  allowed  thirty  cents  per  pao-e  for 
copying  the  unfinished  journal,  and  that  the  comptroller  issue  his  warrant  for  the  same. 

SEC.  9.  Be  it  further  enacted.  That  the  comptroller  issue  his  warrant  and  pay  the  several 
publishers  of  the  city  papers  for  the  papers  actually  furnished  the  general  assembly  and  laid 
upon  the  tables  of  each  member  every  day  of  the  session,  at  the  current  subscription  price  of 
the  same :  Provided,  Said  payment  shall  be  in  accordance  with  a  resolution  passed  by  the 
present  session  of  the  general  assembly  regulating  the  number  of  papers  each  member  shall 
receive  at  the  expense  of  the  State. 

SEC.  10.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
cover  the  cost  and  expenses  of  sundry  articles  furnished  for  the  use  of  the  capitol,  ordered 
by  his  predecessor. 

SEC.  11.  Be  it  further  enacted,  That  the  secretary  of  state  cause  one  copy  of  the  acts  and 
journals  of  the  present  general  assembly  to  be  bound  for  each  member  of  both  the  houses  and 
the  officers  of  the  same,  and  distribute  with  the  other  acts  and  journals. 

SEC.  12.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  E.  P.  Cone,  prin 
cipal  clerk  of  the  senate,  and  E.  A.  James,  principal  clerk  of  the  house  of  representatives, 
for  fifty  dollars  for  preparing  an  index  to  senate  journal,  and  fifty  dollars  for  preparing  an 
index  to  house  journal  of  the  present  session  of  the  legislature. 

Sr.c.  13.  Be  it  further  enacted,  That  the  governor  and  comptroller  of  the  treasury  examine 
the  account!  of  job  printing  executed  for  the  general  assembly,  and  pay  the  same  according 
to  the  rate  specified  by  law,  out  of  any  money  in  the  treasury  not  otherwise  appropriated" 
Sr.r.  14.  Be  it  further  enacted,  That  the  sum  of  one  thousand  dollars  be  allowed  the  treas 
urer  tor  the  purpose  of  procuring  necessary  office  furniture  for  the  preservation  of  the  records 
01  his  office)  and  that  the  comptroller  issue  his  warrant  for  the  same. 

SEC.  15.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
E.  A.  .James  for  two  hundred  and  fifty  dollars  for  extra  clerk-hire. 

Sue.  1C.,  lie  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  the  treasurer  for 
the  sum  of  one  hundred  dollars  per  annum,  as  compensation  for  preserving  the  furniture  of 
the  senate  chamber  and  the  house  of  representatives. 

Sr.c.  17.  llr,  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
William  Heiskell,  for  the  use  of  the  family  of  Samuel  M.  McCammon,  elected  as  a  member 
ot  the  house  of  lepresentatives,  who  came  to  Nashville  to  take  his  seat  from  Kuoxville.  but 
died  without  doing  so,  for  eighty-three  dollars  and  fifty  cents,  for  his  mileage  from  Knox- 
ville,  a  distance  of  live  hundred  and  twenty-two  miles. 

Si:c.  is.  lif  it.  fitrt hr r  <  uncled,  That  the  comptroller  issue  his  warrant  to  the  Nashville  Gas 
light  Company  for  any  amount  due  them  for  gas  furnished  at  the  capitol. 

Sr.c.  IS).  Be  it  further  enacted,  That  the  sum  of  ten  thousand  dollars  be,  and  the  same  is 
hereby,  appropriated  for  the  purpose  of  purchasing  material  for  the  prisoners  in  the  peniten 
tiary,  so  as  to  enable  the  keeper  and  inspectors  to  put  them  to  work,  and  for  the  payment  of 
the  necessary  expenses  of  said  penitentiary,  and  that  they  report  to  the  general  assembly  as 
to  how  the  money  has  been  expended,  and  the  treasurer  pay  the  amount  so  appropriated  out 


RECONSTRUCTION — TENNESSEE.  41 

of  any  money  in  the  treasury  not  otherwise  appropriated,  and  that  the  inspectors  receive  five 
dollars  per  day  tor  each  and  every  day  when  engaged  in  the  performance  of  their  duties. 

SEC.  20.  Be  it  further  enacted,  That  the  further  sum  of  twenty  thousand  dollars  be,  and 
the  same  is  hereby,  appropriated  for  the  expenses  and  support  of  the  Tennessee  hospital  for 
the  insane  for  the  current  year,  in  addition  to  the  sums  received  from  pay  patients  of  that 
institution. 

SEC.  21.  Be  it  further  enacted,  That  the  comptroller,  under  the  supervision  of  the  gov 
ernor  of  the  State,  take  and  state  an  account  of  the  receipts  and  disbursements  of  the  super 
intendent  of  the  blind  school,  and  on  the  exhibition  of  vouchers  of  a  properly  authenticated 
character,  and  upon  being  entirely  satisfied  that  a  balance  is  due  said  superintendent,  the 
comptroller  issue  a  warrant  upon  the  treasurer  for  the  same,  not,  however,  to  exceed  the 
sum  of  eleven  hundred  dollars. 

SEC.  22.  Be  it  further  enacted,  That  the  sum  of  five  thousand  dollars  is  hereby  appropri 
ated  for  the  repairing  and  putting  into  operation  the  deaf  and  dumb  school  at  -Knoxville,  said 
appropriation  to  be  under  the  direction  of  the  governor  and  the  loyal  trustees  of  said  institu 
tion  ;  and  the  comptroller  shall  issue  his  warrant  upon  the  treasurer,  from  time  to  time,  for 
such  sums  as  the  governor  and  said  trustees  may  direct. 

SEC.  23.  Be  it  further  enacted,  That  the  comptroller  examine  the  accounts  of  Sampson  &. 
Go.,  for  coal  furnishedthe  general  assembly,  and,  under  the  supervision  of  the  governor,  issue 
his  warrants  for  any  amounts  due  them. 

SEC.  24.  Be  it  further  enacted,  That  the  secretary  of  state  be,  and  is  hereby,  authorized 
to  employ  a  porter  to  the  capitol,  at  the  rate  of  two  dollars  per  day,  to  hold  his  office  at  the 
pleasure  of  the  said  secretary;  that  the  comptroller  issue  his  warrant  to  said  employe,  from 
time  to  time,  for  the  amounts  due  him,  upon  the  certificate  of  the  secretary  of  state. 

SEC.  25.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  A.  J.  Adams  for 
one  hundred  and  forty  dollars,  for  his  services  as  assistant  engrossing  clerk,  for  thirty-five 
days,  at  four  dollars  per  day. 

SEC.  26.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  George  O.  Cate, 
doorkeeper  of  the  senate,  for  one  hundred  dollars,  for  performing  the  duties  of  messenger  of 
the  senate. 

SEC.  27.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
Cone  &  Turmoil,  for  thirteen  hundred  and  two  dollars  and  forty -six  cents,  for  stationery  fur 
nished  the  two  houses  of  this  general  assembly. 

SEC.  28.  Be  it  further  enacted,  That  the  secretary  of  state  be,  and  is  hereby,  authorized 
to  furnish  the  adjutant  general  and  quartermaster's  offices  with  necessary  stationery  to  carry 
on  the  business  of  said  offices;  and  the  comptroller  shall  issue  his  warrant,  from  time  to 
time,  to  the  treasurer  of  the  State,  for  the  necessary  amounts  to  pay  for  said  stationery. 

SEC.  29.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  Stokely,  a  colored 
man,  for  services  in  waiting  on  the  senate,  for  the  sum  of  seventy-four  dollars. 

SEC.  30.  Be  it  further  enacted,  TFiat  the  comptroller  issue  his  warrant  for  the  sum  of  six 
teen  hundred  and  twenty-three  dollars  and  eight  cents,  for  repairs  and  other  expenses. 

SEC.  31.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  A.  J.  Fletcher, 
secretary  of  state,  for  ninety  dollars,  for  clerk  hire. 

SEC.  32.  Be  it  further  enacted,  That  the  board  of  trustees  of  the  Tennessee  hospital  for 
the  insane  shall  audit  and  examine  the  accounts  outstanding  against  said  institution, 
counted  from  the  J4th  day  of  March,  1862,  up  to  the  time  W.  P.  Jones  was  made  and  ap 
pointed  superintendent;  and  the  accounts,  when  so  ascertained,  shall,  upon  the  order  of  the 
chairman  of  the  board  of  trustees,  be  paid  ;  and  the  comptroller  shall  issue  Lis  warrant  for 
the  same,  to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

SKC.  33.  Be  it  further  enacted.  That  section  twelve  of  an  act  passed  January  19,  1838, 
entitled  "An  act  to  establish  a  State  bank  to  raise  a  fund  for  internal  improvements  and  to 
aid  in  the  establishment  of  a  system  of  common  schools,"  be,  and  the  same  is  hereby,  re 
pealed. 

SEC.  34.  Be  it  further  enacted,  That  section  2807  of  the  code  is  hereby  repealed. 
SEC.  35.  Be  it  further  enacted,  That  Willis  Grantham  be  allowed  the  sum  of  one  hundred 
and  forty-one  dollars  and  sixty  cents,  being  his  mileage  and  per  diem,  as  contestant  for  a 
seat  in  the  house,  up  to  the  12th  April,  1865,  and  that  the  comptroller  issue  his  warrant,  and 
the  treasurer  pay  the  same. 

SEC.  36.  Be  it  further  enacted,  That  the  comptroller  be  ordered  to  issue  his  warrant  for  the 
sum  of  two  hundred  dollars,  for  mileage  and  per  diem  to  the  13th  April,  1865,  to  Samuel 
Tigh  of  Shelby  county,  while  contesting  his  seat  in  this  body. 


42 


RECONSTRUCTION — TENNESSEE. 


Report  of  the  Committee  on  Finance,  showing  the  mileage  and  per  diem  allow 
ance  of  the  members  of  the  Senate  and  House  of  Representatives  at  the  first 
session  of  the  34th  general  assembly,  and  the  aggregate  amount  of  each. 


Names  of  senators  and  representatives. 

No.  of 

days. 

Per 

diem. 

Miles  trav 
elled. 

Mileage.    jTotal  am't. 

.       SENATORS. 
Bnfler,  R.  R  

71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 

$284 
2M 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 

560 
85 
100 
342 
800 
700 
50 
106 
1,000 
900 
£20 
120 
660 
412 
424 

|80  00 

27  20 
16  00 
54  72 
128  00 
•  112  00 
8  00 
16  96 
160  00 
144  00 
99  20 
19  20 
105  60 
65  92 
67  24 

$373  60 
311  20 
300  00 
338  72 

412  00 

:;'.»,;  i,u 

202  00 
3IK)  % 
444  00 
428  00 
383  20 
303  20 
389  60 
349  92 
351  24 

FJoHson,  William  

Bowen,  Juliu  AY  

Gate,  A.  M  

Cypert,  Thomas  J  

Case,  Almon  

Frazer,  Z.  W  

Frierson,  J.  B  

]  hirst,  Fielding  

Hall,  W.  K  

Keith,  G.  W  

Lasater,  Robert  E  .  .  . 

McKinney,  C.  J  

MvKUvee,  Thomas  B  

Muse,  Thomas  A  

Nun,  David  A*  

Peart,  B.  R  

71 
71 
71 
71 
71 
71 
71 

284 
284 
284 
284 
284 
284 
284 

130 

570 
576 
60 
'     1,000 

20  80 
91  20 
95  36 
9  60 
160  00 

304  80 
375  20 
379  36 

293  60 
444  00 
—  t  .MI 
304  16 

Randolph,  J.  H  

Senter,  D.  W   C.  

Spence,  William  

Smith,  J.  W  

Trimble,  John  

Wisener,  W.H  

126 

20  16 

Rodovrs,  S.  R.,  speaker  

Vincent,  Myers  

620 

200 
100 

88 

99  20 

32  00 
16  00 
14  08 

99  20 

316  00 
3<!0  oo 
298  08 

REPRESENTATIVES. 

Anderson,  G.  W  

71 
71 
71 

284 

284 
284 

Arnell,  S.  M  

Barton,  William  

]J«md,  William  P*  . 

Brittle,  Gilbert  

71 

71 
71 

284 
284 
284 

90 
560 
126 

14  40 
87  60 
20  16 

298  40 
373  60 
304  16 

Co\vnrt,  R.  11  

Conner,  Ed  

Crutdifirid,  Thomas*  

Copeland,  W.  J  

71 
71 
33 
71 
71 
30 
71 
71 
71 
71 
71 
71 
15 
71 
71 
71 
71 
71 
71 
71 

284 
284 
132 
284 
284 
120 
284 
284 
284 
284 
284 
284 
60 
284 
284 
284 
284 
284 
284 
284 

390           52  40 

336  40 
2M  CO 
22S  00 
380  00 
348  00 
171  20 

373  <;D 
293  60 
3(i3  20 
308  00 

3ii  <;o 

379  36 
(111   (10 
312  80 
303  20 
355  36 
322  40 
399  20 
298  40 

•I'-W    QO 

Carter,  S.  J  

Dillen,  Joseph  R  

600 
600 
400 
320 
560 
60 
120 
150 
360 
596 

96  00 
96  00 
64  00 
51  20 
89  60 
9  60 

r.i  -jo 

24  00 
57  60 
95  36 

Duggan,  Wilson  

Donaldson,  .1.11  

l)o\\<|v,  Rufus  • 

1  >oiio||tv,  .James  A  

Elliott,  \Y.  Y  

Fnson,  John  A  

Faulkner,  Asa  

Gaut,  .Jesse  II  

Grove,  (i.  II  

Gillem,  A.  C  

Garner,  W.  A  

180 
120 
446 
240 
720 
90 

2f)9 

•J-      -,. 

19  20 
71  36 
38  40 
115  20 
14  40 
J-;  •:•> 

Gilmer,  .Jeremiah  

Gaines,  G.  W  

Ganvtt,  A.  K  

Griffith,  Samuel  H  

Griminrtt,  YV.  A  

Hood,  James  R.. 

Did  11  ot  take  his  seat. 


RECONSTRUCTION TENNESSEE. 

Report  of  the  Committee  on  Finance — Continued. 


43 


Names  of  senators  arid  representatives. 

No.  of 
days. 

Per 

diem. 

Miles  trav 
elled. 

Mileage. 

Total  am't. 

ITenderson,  J.  M 

71 

$284 

$418 

66  88 

$350  88 

Herman5!   Theodore 

71 

284 

108 

17  28 

301  28 

Hudson,  Joseph  

Inman,  Charles             ..    -.   ..   .... 

71 

17 

284 
68 

50 
600 

8  00 
96  00 

292  00 
164  00 

Jones  Turuey 

35 

140 

624 

99  84 

239  84 

Jones,  James  

71 

284 

'  672 

107  52 

3(J1  52 

Jcirvis,  L.  M                          .                  .    . 

71 

284 

650 

104  00 

388  00 

Fercheval   T   A 

71 

284 

180 

28  00 

312  80 

Maxwell   Thomas 

71 

284 

800 

128  80 

412  00 

McNair,  J  E 

71 

284 

800 

128  00 

412  00 

INliimis   J   U 

71 

284 

572 

91  52 

275  52 

Mason,  Thomas  G  

71 

284 

472 

75  52 

359  52 

Mulloy   J.  S 

71 

284 

90 

14  40 

298  40 

Mullunix  AVilliam 

43 

172 

744 

119  04 

191  04 

Moss,  A.  W  

71 

284 

36 

5  76 

289  76 

Melton   James  M 

71 

284 

600 

96  00 

380  00 

Mullins,  James  

71 

284 

126 

20  16 

304  16 

Norman,  John  

71 

284 

500 

80  00 

364  00 

Nicks  A.  D 

71 

284 

11  20 

295  20 

Puckett,  I.  N  

71 

284 

110 

17  60 

301  60 

Porter   John  

71 

284 

800 

128  00 

412  00 

Pearson  * 

Rogers,  Reuben  

71 

284 

606 

96  36 

380  36 

Raulston,  R.  S 

71 

284 

252 

40  32 

324  32 

Ryder    M   T 

71 

284 

1  000 

160  00 

444  00 

Richards,  P.  S  

71 

284 

1  ,  000 

160  00 

444  00 

Shultz,  J.  R 

71 

284 

640 

102  40 

386  40 

Simmons   \V 

71 

284 

164 

26  24 

310  24 

Smith,  W.  J  

71 

284 

1,100 

176  00 

460  00 

Smith,  F.  A. 

71 

284 

550 

88  00 

372  00 

Steele  Abner  A 

71 

284 

130 

20  80 

304  80 

Snodderly,  A.  A  

71 

284 

580 

92  80 

376  80 

Simmerly,  E  ......      ....    ...... 

71 

284 

760 

121  60 

405  60 

Stcagald    John 

71 

284 

744 

159  04 

403  04 

Scales,  William  

71 

284 

300 

48  00 

:>>:;•,>  i,t) 

Thornburgh   D.  G  -    

71 

284 

572 

91  52 

:;7:>  :,-.» 

Tic'hc    Samuel 

40 

i,  ooo 

160  00 

200  00 

Thomas,  J.  F  

71 

284 

140 

22  40 

306  40 

Thomas,  Dorsey  13.     

71 

284 

134 

21  44 

305  44 

Underwood  C 

71 

284 

500 

80  00 

364  00 

Williams,  Pleas  

71 

284 

774 

123  84 

407  84 

AY  ill  is,  W.  W 

71 

284 

660 

105  60 

389  60 

AViunier  Joseph 

71 

284 

822 

131  52 

415  52 

Waters,  Wallace  

71 

284 

1,196 

191  36 

475  36 

Warren,  S.  L 

71 

284 

240 

38  40 

322  40 

"Waters   \Viison  L 

71 

284 

90 

14  40 

298  40 

AViues,  William  

71 

284 

130 

20  80 

304  80 

Woodcock,  W.  M 

71 

284 

150 

24  00 

308  00 

Wright  William 

71 

284 

52 

8  32 

292  32 

"Woods  James 

Walker,  John  P  

71 

284 

370 

59  20 

343  20 

Woods,  W.  W 

Did  not  take  his  seat. 


WILLIAM  HEISKELL, 


Passed  June  10,1865. 


Speaker  of  the<  House  of  Rrprcsetitutint. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 


44  RECONSTRUCTION—  TENNESSEE. 


CHAPTER  XXXVII. 

AN  ACT  to  change  the  eleventh,  twelfth,  and  fourteenth  judicial  circuits  of  this  State,  and 

for  other  purposes. 

SEC.  1.  Be  it  enacted  by  the,  general  assembly  of  the  State  of  Tennessee,  That  the  counties  of 
AVaviie,  Hickmau,  Perry,  Decatur,  Henderson,  McNairy,  and  Hardin  shall  compose  the 
twelfth  judicial  circuits;  that  the  counties  of  Lawrence,  Giles,  Maury,  Lewis,  and  Marshall 
shall  compose  the  eleventh  judicial  circuit;  arid  that  the  circuit  courts  in  the  county  of  Law 
rence  shall  hereafterbe  held  on  the  fourth  Mondays  in  February,  June,  and  October,  and 
that  the  counties  of  J  lay  wood,  and  Madison  shall  be  attached  to  the  fifteenth  circuit;  and 
the  fourteenth  judicial  circuit  is  hereby  abolished.  \ 

SEC.  2.  Be  it  further  enacted,  That  hereafter  the  circuit  courts  for  the  twelfth  circuit  shall 
be  holden  as  follows:  In  Henderson  county,  first  Mondays  in  March,  June,  and  September; 
McNairy,  second  Mondays  in  March,  June,  and  September;  Hardiu,  third  Mondays  in 
March,  June,  and  September;  Wayne,  fourth  Mondays  in  March,  June,  and  September; 
Hickmsn,  fourth  Mondays  in  April,  July,  and  October;  Decatur,  first  Mondays  in  May, 
August,  and  November. 

SEC.  6.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  ROGERS, 

•  Speaker  of  the  Senate. 

Passed  June  10,  1865. 


'    Private  acts. 
CHAPTER  I. 

AN  ACT  for  the  benefit  of  J.  G.  Frazier,  clerk  of  the  supreme  court  for  the  middle  district 

of  Tennessee. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  treasurer  of  the 
State  of  Tennessee  pay  to  J.  G.  Frazier  the  sum  of  two  hundred  dollars,  out  of  any  money  in 
the  treasury  not  otherwise  appropriated.  This  act  to  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  1,  1865. 


CHAPTER  IL 

AN  ACT  to  incorporate  the  East  Tennessee  Iron,  Coal,  and  Petroleum  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  John  Cald 
well,  John  Baxter,  W.  R.  Patterson,  L.  S.  Trowbridge,  and  R.  H.  Armstrong,  and  their 
associates,  successors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  politic  and 
cm  porn  h«,  by  the  name  and  style  of  the  East  Tennessee  Iron,  Coa),  and  Petroleum  Company, 
and  by  that  name  shall  have  succession  for  ninety-nine  years,  and  shall  be  competent  to  sue 
and  be  sued  in  any  court  of  equity  or  law  whatever:  to  have  and  use  a  common  seal,  and  M 
alter  the  same  at  pleasure:  to  establish  and  change  any  by-laws  for  the  government  of  said 
company ;  to  purchase,  hold,  and  dispose  of  such  real  estate,  leases,  mines,  minerals,  iron, 
coal  oil,  and  personal  property,  as  may  be  necessary  for  the  legitimate  transaction  of  their 
business;  to  mine,  forge,  roll,  smelt,  work,  manufacture,  refine  and  vend  said  minerals,  coal, 
iron,  oil,  and  products  thereof,  and  issue  such  numbers  of  shares  of  the  stock  of  said  com 
pany,  at  the  representative  par  value  thereof,  as  may  be  ordered  by  a  vote  of  said  company, 
to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  shares  of  stock  of  the  cor 
poration  for  such  mining  interest  or  interests  in  all  real  estate,  as  may  be  necessary  to  pur 
chase  or  lease  for  the  operation  of  the  works  of  the  company;  and  generally  to  have,  enjoy, 
and  exercise  all  rights  and  privileges  incident  to  corporations,  except  the  right  to  issue  notes 
or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  or 
mines  or  minerals,  lands  or  leases,  iron,  coal  or  petroleum,  or  leases,  situated  in  this  State,  or 
elsewhere,  a  separate  and  distinct  interest  of  each  mine,  bed,  field,  vein,  or  deposit,  or  lease, 


RECONSTRUCTION — TENNESSEE.  45 

may  be  created  under  some  name  to  distinguish  the  same,  and  in  like  manner  may  organize 
under  and  enjoy,  as  a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first 
section  of  this  act. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  flcpresentiit ives. 
•     SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  12,  3865. 


CHAPTER  III. 

AN  ACT  to  incorporate  the  Raulstou  Oil  and  Salt  Company. 

SECTION  1.  Beit  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Hugh  L.  W. 
Raulston,  George  F.  Smith,  D.  H.  Throup,  J.  M  Judson,  Samuel  Canby,  D.  T.  Cockrill 
S.  H.  Judson,  Charles  13.  Ingles,  and  R.  S.JJaulston,  and  their  associates,  successors  and 
assigns,  be,  and  they  are  hereby,  constituted  a  body  corporate  and  politic,  by  the  name  and 
style  of  the  "Raulston  Coal,  Iron,  Oil  and  Salt  Company,"  and  by  that  name  and  style 
shall  have  succession,  with  power  to  contract  and  be  contracted  with,  sue  and  be  sued  in 
that  name  in  all  courts  and  places  ;  to  have  a  common  seal;  to  engage  in  mining  and  boring 
for  petroleum  or  rock  oil,  salt  water,  and  other  valuable  minerals  ;  and  with  manufacturing, 
refining,  and  selling  oil,  salt,  and  other  products  of  said  business,  and  of  the  lands  owned, 
or  which  may  hereafter  be  owned  by  them,  in  this  State;  to  hold  their  meetings,  and  trans 
port  and  self  their  oil,  salt,  and  other  products,  within  or  without  the  State,  and  to  have  all 
other  powers  needful  and  proper  for  the  successful  prosecution  of  the  business,  and  for  the 
execution  of  the  power  herein  granted. 

SEC.  2.  Beit  further  enacted,  That  said  corporation  may  organize  said  company  by  the  • 
appointment  of  a  president,  and  such  other  officers  and  managers  as  they  may  deem  neces 
sary,  at  such  times  and  places  as  they  may  designate  by  notice  previously  given,  and  when 
thus  organized,  the  said  company  shall  have  power  to  mak^e  such  by-laws,  rules  and  regula 
tions  as  they  may  deem  necessary  from  time  to  time  for  the  government  and  prosecution  of 
the  business  of  said  corporation,  not  inconsistent  with  (he  Constitution  and  laws  of  the 
United  States  and  of  this  State. 

SKC.  o.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hun 
dred  and  fifty  thousand  dollars,  and  that  said  company  shall  have  power  to  increase  the  same, 
from  time  to  time,  not  exceeding  one  million  dollars. 

SEC.  4.  Be  it  further  enacted,  Tha't  said  company  may  buy,  lease,  or  rent,  any  suitable 
lands,  mines,  oil,  or  salt  rights  and  privileges,  rights  of  way,  and  other  property  necessary 
for  tbeir  business,  and  may  dispose  of  the  same,  or  any  portion  of  it,  by  sale  or  otherwise. 
They  may  receive  real  estate,  households,  mining,  and  boring  rights,  and  rights  of  way,  in 
payment  of  such  part  of  subscription  as  they  may  deem  advisable.  Said  company  may  erect 
and  build  on  any  of  the  lands  such  buildings,  engines,  machinery,  and  fixtures,  as  may  be 
deemed  convenient  and  proper  for  carrying  on  arid  conducting  the  business  of  said  corpora 
tion. 

SEC.  5.  jBe  it  further  enacted,  That  this  charter  shall  expire  or  cease  at  the  expiration  of 
ninety-nine  years  after  its  passage,  and  the  right  to  repeal,  alter,  or  amend  this  charter,  is 
reserved  to  the  general  assembly. 

SEC.  6.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  upon  similar  corporations  in  this  State. 

SEC.  7.  Be  it  further  enacted.  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representative*, 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  25,  1865. 


CHAPTER  IV. 

AN  ACT   to  develop  the  various  oil  and  mineral  interests  of  the  State  of  Tennessee,  and 

for  other  purposes. 

SEC.  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennescc,  That  D.  C.  Trewhitt, 
James  R.  Hood,  Thomas  W.  Yarley,  P.  M.  Ferringtou,  John  A.  Spooner,  A.  A.  Pearson, 
Edward  S.  Jones,  William  E.  Merrill,  George  D.  Emerson,  and  Freeniorton^Young,  who 
now  constitute  a  voluntary  association  under  the  name  and  style  of  "The  East  Tennes 
see  Petroleum  Company,"  and  their  successors,  be,  and  are  hereby,  incorporated  a  body 
politic,  under  the  name  and  style  of  "The  East  Tennessee  Petroleum  Company,"  under  and 


46  RECONSTRUCTION TENNESSEE. 

by  which  name  said  body  politic  shall  transact  its  business,  and  by  which  name  said  corpo 
ration  shall  be  known,  sue  and  be  sued,  plead  and  be  impleaded,  and  shall  have  a  common 
seal. 

SEC.  2.  Beit  further  enacted,  That  said  corporation,  as  such,  is  hereby  freely  authorized 
and  empowered  to  acquire  by  lease  or  purchase  any  and  all  such  lands  and  mineral  interests 
for  the  purpose  of  raising,  producing,  and  manufacturing' petroleum,  coal,  iron,  salt,  silver, 
copper,  and  any  and  every  other  valuable  mineral  within  the  State  of  Tennessee  and  such 
other  places  as  said  company  may  deeui  to  their  interest:  and  do  and  perform  any  and  all 
such  other  acts  and  things  as  may  be  necessary  and  expedient  to  prosecute  successfully  the 
business  of  said  corporation. 

SEC.  3.  Be  it  further  enacted,  That  said  company  shall  also  have  power,  for  the  government 
of  said  company  and  its  business,  to  elect  one  president  and  such  other  officers  as  said  com 
pany  may  desire  and  deem  expedient,  and  prescribe  their  qualification  and  term  of  office. 

SEC.  4.  Be  it  further  enacted,  That  the  principal  office  of  said  company  shall  be  at  Chatta 
nooga,  with  power  vested  in  the  company  to  establish  such  branches  at  "such  other  places  as 
they  may  direct,  and  also  to  change  the  principal  office  of  the  company  at  such  time  and  to 
such  other  place  as  the  directors  or  th«  company  may  desire. 

St:c.  5.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  one  million 
dollars,  divided  into  one  hundred  thousand  shares  of  ten  dollars  each.  This  company  shall 
have  and  is  hereby  invested  with  power  to  make  such  by-laws,  rules,  and  regulations,  con 
sistent  with  the  charter,  as  they  may  see  proper  for  the  government  and  control  of  the  com 
pany.  The  company  has  power  to  reopen  books  for  subscription  and  sale  of  stock,  and 
other  purposes,  at  such  times,  places,  and  manner  as  the  directors  may  direct,  and  may  make 
such  sales  and  transfers  of  stock  as  the  directors  of  the  company  may  direct. 

SEC.  6.  Be  it  further  enacted,  That  this  company  shall  have  power  to  increase  the  capital 
stock  of  the  company  to  any  amount,  and  at  any  time  the  company  may  desire  to  do  so,  to 
the  extent  of  five  million  dollars. 

SEC.  7.  Be  it  further  enacted,  That  this  corporation  franchise  and  privilege  shall  continue, 
be,  and  exist  for  the  period  of  ninety-nine  years  to  the  persons  above  named  as  incorporated 
and  their  successors.  • 

SEC.  8.  Be  it  further  enacted,  That  the  property  and  effects  and  vested  rights  of  the  several 
parties  herein  incorporated  as  they  exist  under  said  voluntary  association  are  hereby  trans 
ferred  to  and  secured  to  this  corporation. 

SEC.  9.  Be  it  further  enacted,  That  the  stockholders  are,  jointly  and  severally,  individually 
liable,  at  all  times,  for  all  moneys  due  and  owing  to  their  laborers,  employes,  and  appren 
tices,  for  services  performed  for  such  corporation. 

SEC.  10.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations. 

SEC.  11.  This  act  to  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Erprtsentat ires. 
SAMUEL  II.  RQDGEB8, 

Speaker  of  the  Senate. 

Passed  May  30,  1865. 

CHAPTER  V. 

AN  ACT  to  incorporate  the  Bridgeman  Oil  and  Salt  Company. 

SECTION  1 .  Be  it  enacted  by  the.  general  assembly  of  the  State  of  Tennessee,  That  Benjamin  F. 
Bridgem&n,  David  Clege.  and  their  associates,  successors  and  assigns,  be,  and  they  are 
hereby,  constituted  a  body  corporate  and  politic,  by  the  name  and  style  of  "  Bridgeman  Coal 
Oil  and  Salt  Company,"  and  by  that  name  and  style  shall  have  succession  for  ninety-nine 
y<  ftra,  \vith  power  to  contract  and  be  contracted  with  ;  sue  and  be  sued  in  that  name  in  all 
(.•units  and  places  ;  to  have  a  common  seal ;  to  eno-age  in  mining  and  boring  for  petroleum  or 
rock  oil,  salt  water,  and  other  valuable  minerals,  and  in  the  manufacturing,  refining,  pre- 
paiing  fur  market,  transporting  and  selling  oil  and  salt,  and  other  products  of  said  biu 
niid  of  the  lands  now  owned  or  which  may  hereafter  be  owned  by  them  in  this  State  ;  to  hold 
their  meetings  and  transport  and  sell  their  oil,  salt  and  other  products  within  or  without  the 
State  ;  and  to  have  all  other  powers  needful  and  proper  for  the  successful  prosecution  of  their 
business  and  for  the  execution  of  the  powers  Jieiein  granted. 

SEC.  2.  Be  it  further  enacted,  That  said  corporation  may  organize  said  company  by  the  ap 
pointment  of  a  President  and  such  other  officers  and  managers  as  they  may  deem  necessary 
at  such  time  and  place  as  they  may  designate  by  notice  previously  given  ;  and  when  ilia's 
orpmi/ed,  the  said  company  shall  have  power  to  make  such  by-laws,  rules,  and  regulations 
as  thev  may  deem  necessary  from  time  to  time  for  the  government  and  prosecution  of  the 
business  oi  said  corporation,  not  inconsistent  with  the  Constitution  and  laws  of  the  United 
States  and  of  this  State. 


RECONSTRUCTION — TENNESSEE.  47 

SEC.  3.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hundred 
and  fifty  thousand  dollars,  and  said  company  shall  have  power  to  increase  the  same  from  time 
to  time,  uot  exceeding  one  million  of  dollars. 

SEC.  4.  Be  it  further  enacted,  That  the  said  company  may  buy,  lease,  or  rent  any  suitable 
lands,  mines,  oil  and  salt  rights  and  privileges,  rights  of  way,  and  other  property  necessary 
for  their  business,  and  may  dispose  of  the  same,  or  any  portion  of  it,  by  sale  or  otherwise. 
They  may  receive  real  estate,  leaseholds,  mining  and  boring  rights,  and  rights  of  way,  in  pay 
ment  of  such  part  of  subscriptions  as  they  may  deem  advisable.  Said  company  may  erect 
and  build  on  any  of  their  lands  such  buildings,  engines,  machinery,  and  fixtures  as  may  be 
deemed  convenient  and  proper  for  carrying  on  and  conducting  the  business  of  said  corporation. 
SEC.  5.  Be  it  further  enacted,  That  this  charter  shall  expire  at  the  expiration  of  ninety-nine 
years  from  its  passage,  and  that  the  right  to  repeal,  alter,  or  amend  this  charter  is  reserved  to 
the  general  assembly. 

SEC.  6.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
£  SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  30,  1865. 

CHAPTER  VI. 

AN  ACT  to  charter  the  Tennessee  Express  Company. 

SEC.  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  A.  Blizard,  M.  L. 
Phillips,  G.  W.  Ross  and  their  associates,  are  hereby  incorporated  as  a  body  politic  and  in 
corporate,  under  the  name  and  style  of  the  "Tennessee  Express  Company,"  for  the  pur 
pose  of  carrying  and  shipping  goods,  wares,  and  merchandise,  letters  and  private  matter, 
money,  or  anything  else  which  may  be  desired  of  said  company  to  carry,  ship,  or  transport 
on  any  railroad  or  railroads  in  the  State  of  Tennessee  or  elseAvhere. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  ten  thousand 
dollars,  more  or  less,  as  may  be  necessary  to  carry  out  the  object  of  said  company,  and  one 
hundred  dollars  shall  constitute  one  share  of  stock  in  said  company  ;  and  so  soon  as  said 
sum  of  ten  thousand  dollars  shall  have  been  subscribed,  the  company  may  meet  at  such  time 
and  place  as  they  may  deem  proper,  for  the  purpose  of  electing  a  president,  secretary,  and 
treasurer,  who  shall  forever  thereafter  hold  their  offices  for  one  year  and  until  their  successors 
are  elected  and  qualified  ;  and  by  that  name  shall  be  capable  in  law  and  equity  of  purchasing, 
holding,  selling,  leasing,  and  conveying  estate,  real,  persona,!,  and  mixed,  so  far  as  the  same 
may  be  necessary  for  the  purposes  of  said  corporation  to  carry  on  and  conduct  the  business 
of  said  company  to  the  advantage  of  the  stockholders  ;  and  by  "that  name  may  sue  and  be 
sued  and  plead  and  be  impleaded,  and  shall  exercise  all  the  powers,  rights,  privileges,  and 
immunities  which  other  corporate  bodies  may  lawfully  do  for  the  purposes  mentioned  in  this 
act. 

SEC.  3.  Be  it  further  enacted,  That  the  officers  mentioned  in  the  second  section  of  this  act 
shall  be  elected  by  the  stockholders  of  the  company,  and  each  stockholder  shall  be  entitled 
to  cast  one  vote  in  person  or  by  proxy  for  each  share  of  stock  owned  by  him  ;  and  the  presi 
dent,  secretary,  and  treasurer  shall  be  stockholders  of  said  company  ;  and  the  company  shall 
have  power  to  make  such  by-laws  and  rules  as  they  may  deem  proper  for  the  government  of 
the  company  and  the  business  thereof,  not  inconsistent  with  the  constitution  and  laws  of  this 
State  or  of  the  United  States,  and  shall  also  have  power  to  use  a  common  seal,  aud»to  alter 
or  change  the  same  at  pleasure. 

SEC.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  company  to  keep  all  such 
books  as  may  be  necessary  for  the  transaction  of  its  business ;  and  all  transfers  of  stock  by 
any  stockholder  shall  be  made  upon  the  books  of  said  company,  for  the  inspection  of  'all  the 
stockholders,  and  a  majority  of  all  the  stockholders,  including  the  president,  at  any  meeting, 
shall  be 'competent  to  act  and  transact  the  business  of  the  company. 

SEC.  5.  Be  it  further  enacted,  That  said  company  shall  be  deemed  and  held  liable  for  any 
loss  or  damage  caused  by  the  negligence,  carlessuess,  or  wilful  misconduct  of  the  same,  or 
any  of  its  officers,  agents,  or  employes,  to  be  recovered  by  any  person  aggrieved  thereby. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  company  to  carry  and  con 
vey  all  goods,  wares,  «aud  merchandise  and  packages  received  by  them  for  shipment,  in  the 
turn  in  which  the  same  was  received  by  them,  and  in  default  thereof,  and  loss  or  damage  is 
sustained  by  the  owner  of  the  same,  said  company  shall  be  held  liable  for  such  injury :  Pro 
vided,  Such  delay  or  irregular  shipment  was  not  caused  by  the  request  of  the  owner  of  said 
goods  or  packages  or  his  agent.  And  said  company  or  agents  shall  receipt  the  owner  for  all 
goods  or  packages  whatever  when  received. 

SEC.  7.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  give 
banking  privileges  to  said  company. 


48  RECONSTRUCTION — TENNESSEE. 

SEC.  8.  Be  itfurther  enacted,  That  the  right  to  alter,  change,  or  repeal  this  act  is  hereby 
reserved  to  any  subsequent  legislature. 

SEC.  9.  lie  it  further  enacted,  That  this  act  take  effect  from  and -after  its  passage. 

WILLIAM  IIEISKELL, 
Speaker  of  tfie  House  of  Representatives. 
.  SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  3,  1865. 


CHAPTER  VII. 

AN  ACT  to  incorporate  the  Memphis  Ladies'  Institute,  of  Memphis,  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  J.  D. 
Williams,  Mrs.  F.  P.  McGehee,  and  Mrs.  M.  P.  Southworth  be,  and  they  are  hereby, 
constituted  a  body  corporate  and  politic,  under  the  name  and  style  of  "The  Memphis 
Ladies'  Institute,  of  Memphis,  Tennessee,"  and  shall  have  succWsion  for  a  period  of  ninety- 
nine  vears,  unless  said  corporation  is  sooner  dissolved';  and  shall  have  all  the  powers  and  in- 
subject  to  all  the  obligations  and  restrictions  incident  to  private  corporations,  as  provided  in 
article  4,  chapter  2,  and  title  9,  of  the  code  of  laws  of  the  State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  said  corporation  is  hereby  .authorized  to  confer  such 
literary  honors  and  degrees  as  are  usually  conferred  by  the  colleges  and  universities  of  the 
United  States,  and  in  testimony  thereof  to  grant  diplomas  under  the  seal  of  said  corporation  : 
I'rnridcd,  This  power  and  authority  shall  be  under  legislative  control. 

SEC.  :^.  Be.  it  further  enacted,  That  in  said  institution,  and  in  all  literary  societies  con 
nected  therewith,  the  Bible  shall  be  the  standard  of  morals,  and  no  officer  or  teacher  shall 
use  his  or  her  influence  for  sectarian  or  party  ends  or  purposes. 

SEC.  4.  Be  itfurther  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  IIEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  5,  18C5. 


CHAPTER  VIII. 

AN  ACT  to  incorporate  the  Tennessee  Colonial  Company,  for  the  purpose  of  promoting 
emigration,  to  establish  vineyards,  develop  the  mineral  and  other  resources  of  the  State 
of  Tennessee. 

SECTION  ] .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  George  M. 
Mow  bray,  of  Titusville,  Pennsylvania;  George  Wade,  of  the  city  of  New  York;  Henry 
Wise,  of  New  Jersey;  A.  B.  Shanklin,  and  Dr.  Hudson  of  the  city  of  Nashville,  Tennessee, 
and  their  associates  and  successors,  be,  and  they  are  hereby,  created  a  body  politic  and  cor 
porate,  by  the  name  and  style  of  the  "Tennessee  Colonial,  Agricultural,  Mining,  and  Man 
ufacturing  Company ;"  and  by  that  name  shall  have  succession  for  ninety-nine  years,  sue 
and  be  sued,  plead  and  be  impleaded,  and  generally  to  do  every  act  and  thing  necessary  and 
proper  to  carry  out  the  provisions  of  this  act,  and  promote  the  objects  and  designs  of  this 
corporation, 

!<i:r.  2.  Be  itfurther  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hundred 
thousand  dollars,  with  the  privilege  of  increasing  the  same  to  five  hundred  thousand  dollars, 
to  be  divided  into  shares  of  fifty  dollars  each,  and  the  persons  above  named  shall  open  books 
tor  the  subscription  of  stock,  and  when  fifty  thousand  dollars  shall  have  been  subscribed  the 
stockholders  may  meet  and  elect  five  directors,  and  said  directors  shall  elect  one  of  their 
number  president,  and  also  a  secretary. 

Sr.c.  a.  Be  it  further  enacted,  That  the  officers  of  said  company  shall  be  managed  by  a 
board  of  directors,  consisting  of  not  less  than  five  stockholders,  and  such  agents  and  officers 
as  they  may  appoint.  The  president  and  secretary  shall  be  elected  annually  by  the  directors, 


and  laws  of  the  State  of  Tennessee. 

SEC.  4.  J{<  it  Jnrtlur  niact.d,  That  the  s>iid  company  shall  have  full  power  to  purchase, 
hold,  and  dispose  of  real  estate,  lease  lands,  and  do  all  that  is  necessary  for  the  welfare  and 
promotion  ot  the  Tennessee  Colonial,  Agricultural,  Mining,  and  Manufacturing  Company, 
viz:  That  said  company  may  raise  vineyards  and  do  a  general  mining,  boring,  and  man 
ufacturing  business  on  lauds  owned  and  leased  by  said  company,  to  mine,  bore,  forge,  roll, 


RECONSTRUCTION TENNESSEE.  49 

smelt,  manufacture,  transport,  and  vend  in  wines,  minerals,  coal,  iron,  salt,  oil,  &c.  The 
land  to  be  held  by  the  company  shall  form  a  common  stock,  and  shall  be  divided  into 
shares  of  fifty  dollars  each,  and  apportioned  by  the  said  company  among  the  owners  and 
subscribers  of  said  stock  according  to  their  respective  interests. 

SEC.  5.  B!  it  further  enacted,  That  the  officers  and  stockholders  of  said  company  and 
those  emigrating  on  their  lands  shall  enjoy  all  the  rights,  privileges,  and  protection  guaran 
teed  by  the  State  of  Tennessee  under  the  Constitution  of  the  United  States. 

WILLIAM  J1KISKELL, 
Speaker  of  the  House  of  Representatives, 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  18G5. 


CHAPTER  IX. 

AN  ACT  to  incorporate  the  Cairo  and  New  Orleans  Pilots'  Benevolent  Association. 

Whereas  a  number  of  steamboat  pilots,  engaged  in  the  navigation  of  the  Mississippi 
river,  have  formed  an  association  for  the  laudable  purpose  of  increasing  the  skill  and  inform 
ation,  improving  the  character  and  habits,  and  promoting  the  interests  of  all  those  pilots 
intrusted  with  the  control  and  safety  of  steamers  and  other  vessels ;  and 

Whereas  the  immense  and  increasing  commerce  and  navigation  of  the  said  river  demands 
that  suitable  legislative  encouragement  should  be  given  by  this  general  assembly  to  intelli 
gent  and  judicious  efforts  to  lessen  the  dangers  of  the  transportation  of  persons  and  property 
upon  the  said  river  ;  and 

Whereas  the  intrusting  of  the  vessels  used  in  said  navigation  only  to  the  care  of  sober, 
attentive,  skilful,  and  experienced  pilots,  who  have  had  a  regular  and  thorough  training 
in  the  business,  would  greatly  tend  to  enhance  the  security  of  life  and  property  constantly 
at  risk  on  the  steamboats  and  other  vessels  plying  upon  the  western  rivers :  Therefore,  in 
order  to  further  the  objects  and  encourage  the  efforts  of  an  institution  so  useful  and  praise 
worthy  as  the  above-named  association,  and  to  give  efficiency,  perpetuity,  and  dignity  to  the 
same — 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Harrison 
Blasdel,  J.  W.  Pittman,  James  D.  Perry,  Green  S.  Snow,  F.  B.  Montany,  James  W. 
Sayers,  William  Huston,  W.  C.  Page,  Garrison  Wasson,  James  C.  Rhoads,  W.  A.  Wilds, 
W.  A.  Ffale,  and  their  associates  and  successors,  are  hereby  created  a  body  corporate  and 
politic,  by  the  name  and  style  of  the  "Cairo  and  New  Orleans  Pilots'  Benevolent  Associa 
tion  ;"  and  by  that  name  shall  have  succession  for  a  period  of  twenty  years,  and  shall  be 
capable  of  sueing  and  being  sued,  both  at  law  and  in  equity,  in  all  courts  and  places  what 
soever;  and  that  they  and  their  successors  may  have  a  common  seal,  and  may  alter,  change, 
or  destroy  the  same  at  will ;  and  shall  also  be  capable  of  acquiring,  holding,  conveying, 
and  pledging  property,  real,  personal,  and  mixed,  as  may  be  required  for  the  purpose  of  the 
association. 

SEC.  2.  Be  it  further  enacted,  That  said  corporation  shall  have  power  to  make  a  consti 
tution  and  by-laws,  and  to  alter,  change,  or  annul  the  same  at  pleasure,  in  whole  or  in  part : 
Provided,  That  nothing  therein  contained  shall  be  repugnant  to  the  constitution  and  laws 
of  this  State  or  of  the  United  States. 

SEC.  3.  Be  it  further  enacted,  That  said  corporation  shall  have  power  to  erect  a  hall  and 
buildings  suitable  for  its  uses ;  to  purchase,  own,  and  enjoy  a  good  library,  philosophical, 
chemical,  and  other  apparatus,  and  such  things  as  may  be  calculated  to  advance  the  objects 
contemplated  by  this  charter,  which  shall  be  exempt  from  taxation ;  to  procure  the  delivery 
of  lectures;  to  found  and  maintain  a  school;  to  grant  diplomas,  and  to  withdraw  and  annul 
the  same;  to  impose  fines  upon  its  members  for  the  breach  of  any  of  the  provisions  of  the 
constitution  or  by-laws  of  this  association ;  to  levy  contributions  upon  members ;  to  create 
a  fund  to  be  applied  to  the  relief  of  indigent  or  distressed  members,  or  their  families,  and  to 
the  other  objects  named  in  this  section ;  to  censure,  suspend,  fine,  or  expel  a  member,  for 
any  good  cause,  calculated  to  bring  discredit  upon  said  association  ;  and  generally  to  do  all 
such  other  good  things  as  may  be  necessary  to  carry  out  the  objects  of  this  association. 

WILLIAM  HE1SKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  5,  1865. 

4  T 


50  RECONSTRUCTION  -  TENNESSEE. 

CHAPTER  X. 

AX  ACT  incorporating  the  Great  Southwestern  Oil  and  Mining  Company. 

SECTION  1  .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  James 
W.  Milroy,  William  Glenny,  Shela  Waters,  James  G.  Pratt,  Benjamin  Gonzales,  and  their 
associates,  successors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  politic  and 
corporate,  by  the  name  and  style  of  the  "Great  Southwestern  Oil  and  Mining  Company," 
and  by  that  name  and  style  shall  have  succession  for  ninety-nine  years,  and  shall  be  compe 
tent  to  sue  and  be  sued  in  any  court  of  law  or  equity  whatever  ;  to  have  and  use  a  seal,  and 
alter  the  same  at  will:  to  make  and  change  any  by-laws  necessary  for  the  government  of  the 
company  ;  to  purchase,  hold,  and  dispose  of  such  real  estate,  leases,  mines,  minerals,  iron, 
coal,  oil,  and  personal  property  as  may  be  necessary  for  the  legitimate  transaction  of  their 
business  ;  to  mine,  forge,  roll,  smelt,  work,  manufacture,  refine,  and  sell  said  minerals,  coal, 
iron,  oil,  or  other  products  thereof,  in  or  out  of  this  State,  and  issue  such  number  of  shares 
of  stock  of  said  company  at  the  representative  par  value  thereof,  as  may  be  ordered  by  a  vote 
of  said  company  ;  to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  shares 
of  stock  of  the  corporation  for  such  mining  interests  in  real  estate  or  machinery  for  manufac 
turing  as  may  be  necessary  to  purchase  or  lease  for  the  successful  management  of  the  business 
of  said  company  ;  and  generally  to  have,  enjoy,  and  exercise  all  rights  and  privileges  inci 
dent  to  corporations,  except  the  right  to  issue  notes  or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines,  minerals,  lands,  or  leases,  situated  in  this  State  or  elsewhere,  a  separate  and  distinct 
interest  of  each  mine,  lead,  field,  lien,  deposit,  or  lease,  may  be  created  under  such  name  as 
may  be  adopted,  to  distinguish  the  same,  and  in  like  manner  may  organize  under,  and  enjoy  as 
a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first  section  of  this  act. 

SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  paoMge. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  E.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  5,  1865. 

CHAPTER  XL 

AN  ACT  to  change  a  railroad  fund  into  a  county  fund,  for  Blount  county. 

Whereas  an  act  was  passed  by  the  general  assembly  of  the  State  of  Tennessee,  on  the 
27th  of  January,  1854,  to  authorize  the  county  court  of  Blount  county,  through  their  chair 
man,  to  subscribe  stock  to  the  Kuoxville  and  Charleston  Railroad  Company,  and  levy  a  tax 
on  said  county  to  pay  the  same  on  certain  conditions  ;  and 

Whereas  the  county  court  of  said  county,  in  good  faith,  did  subscribe  said  stock,  and 
levy  said  tax,  and  proceed  to  collect  the  same,  to  the  amount  of  eight  or  ten  thousand  dollars, 
in  the  years  1855,  1856,  1857,  and  1858,  and  the  same  was  cpllected  and  paid  over  to  the 
countfy  treasurer,  as  provided  by  said  act  ;  and 

Whereas  the  railroad  company  failed  to  cany  out  the  provisions  of  said  act,  as  specified 
therein,  the  courts  of  said  county  did  then  proceed  to  loan  said  fund,  which  was  done,  taking 
notes  with  approved  security  ;  and 

Whereas  said  fund  is  still  lying  in  said  condition,  and  likely  to  be  lost,  or  a  portion  ot  it  : 
Therefore  — 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  Kind 
as  set  forth  in  the  foregoing  preamble,  collected  under  the  act  as  set  forth,  may  be  changed 
from  the  railroad  fund  into  a  county  fund,  for  the  use  and  benefit  of  Blount  county,  and  to  be 
under  the  control  and  management  of  the  county  court  of  Blount  county  as  a  general  county 
fund. 

SEC.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the  county  court  of  Blount  county, 
at  the  first  quarterly  term  after  the  passage  of  this  act—  and  a  certified  copy  of  the  same  being 
present—  to  appoint  or  elect  a  suitable  person  to  collect  said  fund,  in  the  name  of  the  chair 

bor 


man  of  said  county  court,  according  to  the  face  of  the  notes,  as  executed  by  the  parties 
wing  said  fund,  which  notes  are  now  in  the  hands  of  the  trustee  of  said  county. 
SEC.  3.   Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  county  court  to  require  suc 


row 

h 

person  so  appointed  or  elected  to  give  bond  and  approved  security  for  his  faithful  perform 
ance  in  the  collection  and  paying  over  said  fund  into  the  county  treasury,  as  other  county 

!SEC.  4.  Be  it  further  enacted,  That  the  county  court  of  said  county  allow  said  collector  a 
reasonable  allowance  for  his  services,  not  to  exceed  six  per  cent,  on  the  amount  collected. 

SEC.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  court  to  require  the  trustee 
of  said  county  to  give  bond  and  approved  security  for  the  faithful  keeping  and  paying  over 
said  fund,  according  to  the  order  of  said  court. 


RECONSTRUCTION TENNESSEE.  51 

SEC.  G.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  construed  so  as  to  interfere 
with  the  original  act  passed  on  the  27th  day  of  January,  1854.  This  act  is  only  intended  to 
change  that  part  of  the  fund  collected  under  the  said  act  and  paid  into  the  treasury  of  Blount 
county  in  the  years  of  1855-'6-'7-'8,  and  no  further. 

SEC.  7.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Kepre.scntatitcs. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  18G5. 


CHAPTER  XII. 

AN  ACT  to  incorporate  the  Tennessee  Fire  and  Marine  Insurance  Company. 

SECTION].  Beit  enacted  ly  the  general  assembly  of  the  State  of  Tennessee,  That  B.  W. 
Sharp,  Rual  Hough,  James  E.  Murryman,  John  W.  Lefhvick,  Calvin  Kelsey,  L.  Helman, 
and  Frank  Taff,  of  the  city  of  Memphis,  together  with  those  who  may  hereafter  become 
stockholders,  as  hereinafter  provided  for,  arc  hereby  created  a  corporation  and  body  politic, 
by  the  name  and  style  of  the  president  and  directors  of  the  "  Tennessee  Fire  and  Marine 
Insiirance  Company,"  and  shall  continue  from  the  first  day  of  May,  1865 ;  and  by  that  name 
are  hereby  made  capable  and  able  at  law  to  have,  purchase,  receive,  possess,  and  enjoy,  re 
tain,  and  control,  to  them  and  their  successors,  lands,  tenements,  rents,  goods,  chattels,  and 
effects,  to  an  amount  not  exceeding  two  hundred  thousand  dollars,  and  the  same  to  sell,  con 
vey,  and  dispose  of;  to  sue  and  be  sued,  to  plead  and  be  impleaded,  answer  and  be  answered, 
defend  and  be  defended,  in  all  courts  and  places  in  this  State  or  elsewhere ;  may  make  and 
use  a  common  seal,  and  the  same  to  break,  alter,  or_ renew  at  will ;  to  ordain,  establish,  and  put 
into  execution  such  by-laws,  ordinances,  and  regulations  as  shall  be  deemed  necessary  and 
convenient  for  the  government  of  said  corporation,  not  contrary  to  the  laws  of  this  State,  and 
generally  to  do  all  acts  and  things  that  a  corporation  may  lawfully  do. 

SEC.  2.  That  the  persons  named  in  the  first  section  of  this  act,  or  a  majority  of  them, 
shall  open  books  of  subscription  for  the  stock  in  said  company,  which  stock  shall  consist  of 
two  thousand  shares  of  one  hundred  dollars  each,  payable  in  the  lawful  currency  of  the 
United  States,  and  at  the  time  of  subscribing  they  shall  have  the  right  to  demand  and  receive 
twenty  dollars  on  each  share  subscribed  for,  and  have  secured  the  residue  to  the  satisfaction 
of  the  corporation,  payable  in  six  and  twelve  months,  which  obligations  may  be  renewed 
from  time  to  time,  either  in  whole  or  in  part,  or  for  such  portion  thereof  as  the  president  and 
directors  of  the  company  shall  determine ;  and  it  shall  be  the  duty  of  the  president  and 
directors  to  give  at  least  thirty  days'  notice  of  .any  call  which  they  may  make  for  the  pay 
ment  of  the  capital  stock  so  subscribed ;  and  if  any  stockholder  shall  fail  to  meet  said  call, 
or  to  secure  the  payment  of  the  remainder  as  aforesaid,  it  shall  be  lawful  for  the  president 
and  directors  to  sell  such  delinquent's  shares,  and  transfer  the  same  to  the  purchaser,  or 
declare  the  same  forfeited  to  the  company,  together  with  all  previous  payments  thereon. 
No  transfer  of  stock  shall  be  deemed  valid  arid  complete  so  long  as  the  person  transferring 
the  same  shall  be  indebted  to  the  said  company,  until  the  amount  tor  which  he  is  indebted 
to  the  said  company  is  secured  to  the  satisfaction  of  the  president  and  directors  thereof,  and 
the  stock  of  every  stockholder  shall  be  held  as  collateral  security  for  the  payment  of 
whatever  sum  he  may  be  indebted  by  notes  or  otherwise  to  said  company. 

SEC.  3.  That  the  share  or  stockholders  shall  meet  at  the  place  of  opening  the  books  for  the 
subscription  of  stock  in  said  company  on  the  first  day  of  August,  18G5,  and  at  the  office  of 
the  company  on  the  first  Monday  of  August  in  each  succeeding  year  thereafter,  and  elect  a 
president,  vice-president,  and  seven  directors,  who  shall  continue  in  office  until  the  first 
Monday  in  August  of  each  ensuing  year,  and  until  their  successors  shall  have  been  elected, 
of  which  said  election  previous  notice  shall  be  given  in  a  newspaper  printed  in  the  city  of 
Memphis  for  at  least  two  weeks  previous  to  said  election.  Any  vacancy  that  may  occur  in 
the  board  of  directors  shall  be  filled  by  the  president  and  directors  until  the  next  annual 
election.  No  person  shall  be  a  director  who  is  not  the  owner  of  at  least  ten  shares  of  the 
capital  stock. 

SEC.  4.  That  in  all  elections  by  the  stockholders  each  share  to  the  number  of  five  shall  be 
entitled  to  one  vote,  and  every  ten  shares  in  addition  shall  entitle  the  holder  to  one  addi 
tional  vote  ;  that  no  person  who  is  not  a  resident  of  the  State  of  Tennessee  shall  have  the 
right  to  vote  at  any  election  for  president  and  directors  unless  he  shall  have  been  the  holder 
or  owner  of  stock  at  least  six  months  previous  to  such  election  by  a  regular  transfer  upon 
the  books  of  the  company ;  but  shares  may  be  voted  upon  by  the  executors  or  adminis 
trators  of  a  deceased  owner  and  by  proxy. 

SEC.  5.  That  the  president  and  directors  for  the  time  being  may  and  shall  have  power  to 
appoint  such  officers  and  agents  under  them  at  such  places  as  shall  be  necessary  for 
executing  the  business  of  said  company,  and  to  allow  such  compensation  therefor  as  may  be 
agreed  upon,  and  to  require  and  take  bond  and  security  for  the  faithful  performance  and 


52  RECONSTRUCTION TENNESSEE. 

discharge  of  their  respective  duties  and  trust ;  and  the  said  president  and  directors  shall 
have  power  to  make  by-laws  and  ordinances  to  govern  the  corporation,  and  may  repeal, 
alter,  and  amend  the  same.  The  president  and  three  directors  shall  constitute  a  quorum  to 
do  business,  or  five  directors  in  the  absence  oi  the  president,  one  of  whom  shall  be  vice- 
president,  may  do  and  nerfonn  all  such  acts  as  might  be  done  and  performed  by  the  presi 
dent  and  the  quorum  aforesaid. 

SEC.  6.  That  the  president  and  directors  for  the  time  being  shall  have  power  and 
authority  in  the  name  of  the  company  to  make  insurance  at  such  rate  of  insurance  premium 
or  interest  as  may  be  agreed  upon  by  the  parties,  npon  buildings,  machinery,  manufac 
turing  establishments,  goods,  wares,  and  merchandise  ot  every  description,  of  all  classes  and 
qualities  of  property  transported  by  land  or  water  in  the  United  States  ;  also  to  make 
insurance  on  steamboats  and  other  water-craft  used  for  transportation  of  gopds,  wares,  and 
merchandise  therein  contained  and  to  be  transported  or  shipped,  and  to  make  all  such 
proper  contracts  for  the  insurance  of  other  valuable  property  as  may  be  embraced  within  the 
name  of  personal  property,  and  all  such  contracts  shall  be  in  writing  or  printed,  and  shall 
be  made  by  the  authority  of  the  company,  by  and  through  their  proper  and  legally 
constituted  officers  and  agents  appointed  for  that  purpose. 

SKC.  7.  It  shall  be  the  duty  of  the  president  and  directors  on  the  first  Monday  of  August 
and  March  in  each  year  to  make  a  dividend  of  so  much  of  the  profits  of  said  corporation  as 
to  them  or  a  majority  of  them  shall  Appear  advisable  ;  and  in  any  case  of  loss  or  losses,  whereby 
the  capital  stock  of  the  corporation  shall  be  impaired  or  lessened,  no  subsequent  dividend 
shall  be  made  until  a  sum  equal  to  such  diminution,  arising  from  the  profits  of  said  corpora 
tion,  shall  have  been  added  to  the  capital  stock  of  said  corporation. 

SEC.  8.  Said  corporation  shall  not  commence  business  to  the  making  or  issuing  of  any 
policies  of  insurance  until  two  hundred  shares  are  subscribed  and  paid  for,  or  secured  to  be 
paid,  as  provided  for  in  the  second  section. 

SEC.  9.  That  whenever  said  company  shall  be  notified  of  any  loss  sustained  which  may 
be  covered  by  any  policy  of  insurance  granted  or  issued  by  the  same,  it  shall  be  the  duty  of 
said  corporation  to  pay  the  amount  so  lost  or  insured  in  such  policy  within  sixty  days  after 
being  so  notified :  Provided,  There  shall  have  been  no  violation  of  the  condition  of  the 
policy  on  the  part  of  the  insured. 

SEC.  10.  Said  corporation  shall  be  subject  to  such  tax  as  may  be  imposed  on  similar  cor 
porations. 

SEC.  11.  Be  it  enacted,  That  John  Wilson,  Anson  Nelson,  John  Lumsden,  and  David  C. 
Love,  and  their  associates,  shall  be  and  are  hereby  declared  a  body  politic  and  corporate  by 
the  name  and  style  of  the  State  Insurance  Company  of  Nashville,  and  by  that  name  shall  be 
intrusted  with  all  the  powers,  rights,  privileges,  and  emoluments  conferred  upon  the  Ten 
nessee  Marino  and  Fire  Insurance  Company  of  Memphis. 

SEC.  12.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 


Speaker  of  the  House  of  Represcntaticcs. 
SAMUEL  R.  RODGJ 


GERS, 
Speaker  of  the  Senate. 
Passed  June  5,  1S65. 

CHAPTER  XIII. 

AN  ACT  to  incorporate  a  literary  society  of  Nashville,  known  as  the  "Agnomen  Club." 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  society 
of  young  men  of  the  city  of  Nashville,  organized  in  March,  1865,  and  known  as  the  "Agno 
men  Club,"  having  for  its  object  the  general  promotion  of  the  arts,  literature,  science,  and 
the  amateur  drama,  as  well  as  the  moral  improvement  of  its  members,  be  incorporated  under 
the  name  of  the  "Agnomen  Club." 

SEC.  2.  Be  it  further  enacted,  That  said  club  shall  make  such  rules  and  by-laws  for  the 
regulation  of  its  business  and  the  conduct  of  its  members  as  it  may  see  fit,  not  conflicting 
with  the  laws  of  the  State  or  the  city  of  Nashville. 

SEC.  3.  Be  it  further  enacted,  That  said  club  shall  be  empowered  to  give  such  amateur 
dramatic  entertainments,  open  to  the  public  at  such  times  and  places  as  may  be  designated 
by  its  members,  not  inconsistent  with  the  laws  of  the  State  or  city  of  Nashville. 

SEC.  4.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  give  to 
the  club  so  incorporated  the  privilege  of  public  exhibition  for  money,  unless  they  shall  first 
pay  the  tax,  as  now  provided  by  law,  for  exhibitions  of  a  similar  character. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  C,  18G5. 


RECONSTRUCTION  —  TENNESSEE. 


CHAPTER  XIV 

AN  ACT  to  authorize  and  instruct  the  comptroller  of  he  treasury  to  audit,  and  tho  treasurer 
to  pay,  the  salary  due  the  lion.  Samuel  D.  Frierson,  chancellor. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comp 
troller  of  the  treasury  shall  audit,  and  the  treasurer  of  the  State  shall  pay,  the  quarterly 
salary  due  on  the  4th  March,  1862,  and  on  the  4th  day  of  June,  1862,  to  the  Hon.  Samuel 
D.  Frierson,  chancellor  of  the  fourth  chancery  division  of  the  State,  because  of  the  same 
never  having  been  paid,  and  because  of  his  well-established  loyalty  to  the  government  of  the 
United  States  and  to  the  State  of  Tennessee. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatitcs. 
SAMUEL  R.  RODGERS, 

Speaker  of  the   Senate. 
Passed  June  6,  1865. 


CHAPTER  XV. 

AN  ACT  to  amend  an  act  passed  on  the  26th  of  February,  1858,  entitled  "An  act  to  charter 
the  Cleveland  and  Ducktown  railroad." 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  charter 
granted  to  the  Cleveland  and  Ducktown  Railroad  Company,  by  an  act  of  the  legislature  of 
the  State  of  Tennessee,  passed  on  the  26th  day  of  February,  1858,  be  so  amended  that  the 
following  named  persons  be  appointed  commissioners  of  said  company,  instead  of  those  per 
sons  therein  mentioned,  to  wit :  Thomas  H.  Galloway,  William  M.  Biggs,  Samuel  Parks, 
N.  L.  Foute,  James  Gamble,  W.  H.  Craigmiles,  John  F.  Hayes,  Julius  E.  Raht,  Simeon 
E.  Browder,  William  P.  Copeland,  Pleasant  M.  Craigmiles,  D.  C.  McMillen,  John  B.  Cate, 
Ake.  Henry,  Y.  J.  Esterbrook,  A.  P.  McClay,  L.  McLeod,  and  G.  Greer,  and  they  are 
hereby  constituted  and  appointed  a  board  of  commissioners,  seven  of  whom  shall  be  au 
thorized  and  competent  to  act  and  transact  business,  and  said  commissioners  and  company 
are  clothed  with  the  same  rights,  powers  and  privileges,  and  immunities,  which  are  granted 
in  said  charter,  of  which  this  is  an  amendment,  and  said  commissioners  shall  appoint  a  time 
for  the  stockholders  to  meet,  at  such  place  as  they  may  designate,  for  the  purpose  of  electing 
a  president  and  ten  directors  to  manage  the  affairs  of  said  company. 

SEC.  2.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  jhe  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  6,  1865. 


CHAPTER  XVI. 

An  act  to  incorporate  the  Nashvil.e  Barbers'  Association. 

Whereas  the  barbers  of  Nashville  have  formed  an  association  for  the  aid  of  its  members 
in  case  of  sickness,  and  for  the  improvement  of  its  members  in  virtue  and  knowledge : 
Therefore — 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Frank 
Parrish,  Nelson  Walker,  D.  S.  Lapsley,  E.  Woods,  and  their  associates,  be,  and  are  hereby, 
incorporated  under  the  name  of  "The  Nashville  Barbers'  Association,"  for  the  benevolent 
purposes  aforesaid,  and  have  a  seal,  right  to  sue  and  be  sued,  and  such  powers  as  may  be 
necessary  and  proper  to  carry  into  effect  the  end  for  which  this  charter  is  granted,  for  the 
term  of  ten  years,  subject  to  amendment  or  repeal  by  any  future  legislature. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  1865. 


54  RECONSTRUCTION TENNESSEE. 


CHAPTER  XVJI. 

AN  ACT  to  incorporate  the  Tennessee  Oil,  Mining,  and  Manufacturing  Company,  and  for 

other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  John  D. 
Thomas,  Joseph  S.  Fowler,  Wilson  L.  Waters,  William  L.  White,  and  their  associates,  suc 
cessors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  politic  and  corporate,  by 
the  name  and  style  of  the  "  Tennessee  Oil,  Mining,  and  Manufacturing  Company,"  and  by 
that  name  and  style  shall  have  succession  for  ninety-nine  years,  and  shall  be  competent  to 
sue  and  be  sued 'in  any  court  of  law  or  equity  whatever;  to  have  and  use  a  seal,  and  alter 
the  same  at  will ;  to  make  and  change  any  by-laws  for  the  government  of  the  company ; 
to  purchase,  hold,  and  dispose  of  such  real  estate,  lease,  mines,  minerals,  iron,  coal,  oil,  and 
personal  property,  as  may  be  necessary  for  the  legitimate  transaction  of  their  business; 
to  mine,  forge,  roll,  smelt,  work,  manufacture,  refine,  and  sell  said  minerals,  coal,  iron,  oil, 
or  other  products  thereof,  in  or  out  of  the  State,  and  issue  such  number  of  shares  of  the 
stock  of  said  company,  at  the  representative  par  value  thereof,  as  may  be  ordered  by  a  vote 
of  said  company ;  to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  shares 
of  stock  of  the  corporation  for  such  mining  interest  in  real  estate  or  machinery  lor  manufac 
turing  purposes  as  may  be  necessary ;  to  purchase  or  lease  for  the  successful  operation  of 
business  engaged  in ;  and  generally  to  have,  enjoy,  and  exercise  all  rights  and  privileges 
incident  to  corporations,  except  the  right  to  issue  notes  or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines,  minerals,  lauds,  or  leases,  situated  in  this  State  or  elsewhere,  a  separate  and  distinct 
interest  of  each  mine,  lead,  field,  lien,  deposit,  or  lease,  may  be  created  under  such  name  as 
may  bo  adopted  to  distinguish  the  same,  and  in  like  manner  may  organize  under,  and  enjoy 
as  a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first  section  of  this 
act. 

SEC.  3.  Be  it  further  enacted,  That  Alexander  J.  Mackay,  Jonathan  D.  Hall,  and  John  G. 
Parkhurst,  and  their  associates,  successors,  and  assigns,  be,  and  they  are  hereby,  constituted 
a  body  politic  and  corporate,  by  the  name  and  style  of  the  "Eagle  Oil,  Mining,  and  Manu 
facturing  Company,"  with  all  the  rights  and  privileges  granted  by  the  provisions  of  this  act 
to  the  "Tennessee  Oil,  Mining,  and  Manufacturing  Company." 

^SEC.  4.  Be  it  further  enacted,  That  John  P.  Cook,  Philo  Wilson,  William  B.  Wilson,  Ed 
win  A.  Howard,  and  Ed.  S.  Wheat,  and  their  associates,  successors,  and  assigns,  be,  and 


Company.' 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  18G5. 


CHAPTER  XVIII. 

AN  ACT  to  incorporate  the  Memphis  City  Railroad  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  William 
R.  Moore,  J.  M.  Hill,  S.  B.  Beaumont,  R.  Hough,  William  M.  Farrington,  Frank  Taft,  G. 
P.  Ware,  S.  R.  W^ood,  Fielding  Hurst,  P.  E.  Bland,  Joseph  Bruce,  Abner  Taylor,  Thomas 
R.  Smith,  H.  B,  Wells,  Joseph  W.  Eystra,  William  C.  Bryan,  W.  P.  Hepburn,  and  Frank 
Brooks,  and  their  associates,  be,  and  they  are  hereby,  constituted  a  body  politic  and  corpo 
rate,  under  the  name  and  style  of  the  "Memphis  City  Railroad  Company,"  and  by  that 
name  may  have  succession  for  the  term  of  thirty  years,  may  sue  and  be  sued,  plead  and  be 
impleadcd  with,  may  have  and  use  a  common  seal,  may  purchase  and  hold  such  personal 
and  real  estate  as  in  the  opinion  of  the  directors  may  be  necessary  for  carrying  on  the  busi 
ness  of  the  corporation,  and  the  same  to  sell  and  dispose  of  at  pleasure  ;  may  make  all  need 
ful  by-laws  for  their  government  not  inconsistent  or  in  conflict  with  the  laws  of  the  State  of 
Tennessee  and  the  United  States. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  three  hun 
dred  thousand  dollars,  with  the  right  and  privilege  on  the  part  of  said  company  to  make  it 
five  hundred  thousand  dollars,  which  shall  be  divided  into  shares  of  fifty  dollars  each,  and 
the  same  may  be  subscribed  to  and  made  subject  to  such  calls  and  terms  of  payment  as  said 
directors,  hereinafter  provided  for,  shall  designate. 

SEC.  3.  Be  it  further  enacted,  That  the  persons  above  named  shall,  within  one  year  after 
this  act,  meet  and  elect  five  of  their  number  by  ballot,  to  act  as  directors  of  said  company, 


RECONSTRUCTION TENNESSEE.  55 

and  thereupon  said  directors  shall  choose  one  of  their  number  to  act  as  president,  and  may  elect 
such  other  officers  as  they  may  think  necessary,  and  iix  the  salary  of  the  same — said  officers 
to  remain  in  office  one  year,  and  until  their  successors  shall  be  duly  elected;  and  at  the  end 
of  one  year  after  the  election  of  such  directors,  and  annually  thereafter,  after  thirty  days' 
notice,  to  be  given  by  the  president  and  secretary,  or  either  of  them,  in  a  newspaper  pub 
lished  in  the  city  of  Memphis,  of  the  time  and  place  of  such  election,  the  stockholders  shall 
meet  and  elect  rive  directors  for  the  ensuing  year— each  stockholder  to  have  one  vote  for 
eacli  share  of  stock  held  by  him  or  her.  Said  directors  shall  thereupon  proceed  to  organize, 
as  above  provided  for  the  organization  of  said  first  board  of  directors,  and  so  on  annually, 
during  the  existence  of  this  charter.  Said  stockholders  may  vote  in  person  or  by  proxy. 
Three  of  said  directors  shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  4.  Be  it  further  enacted,  That  said 'company,  by  their  said  directors  and  officers, 
shall  have  power  to  make,  complete,  and  execute  all  contracts  and  agreements  entered  into 
with  the  city  of  Memphis,  or  other  parties,  for  any  purpose  whatever,  connected  either  di 
rectly  or  indirectly  with  the  construction,  maintaining,  or  operating  said  railway,  and  may 
alter  or  enlarge  the  term  of  the  same  with  said  parties,  and  may  construct,  maintain,  use, 
and  operate  street  railways  by  animal  power,  on  all  or  any  of  the  streets  in  the  city  of  Mem 
phis,  in  .the  State  of  Tennessee,  for  that  purpose  using  all  necessary  machinery  and  equip 
ments  ;  said  company  to  use  neatly  constructed,  commodious,  and  safe  cars,  to  be  well 
adapted  to  such  use  and  purpose ;  may  enter  into  all  necessary  contracts  for  the  building 
and  operating  of  said  railway,  and  declare  dividends  on  the  capital  stock  of  the  same. 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  be  so  construed  as  to  authorize  said 


grar 
State  or  the  loan  of  any  bonds. 

SEC.  6.  Be  it  further  enacted,  That  each  stockholder  shall  be  individually  liable  to  the 
creditors  of  said  company  to  an  amount  equal  to  the  amount  unpaid  on  the  stock  held  by 
him,  for  all  the  debts  and  liabilities  of  said  company,  until  the  whole  amount  of  the  capital 
stock  so  held  by  him  shall  have  been  paid  to  the  company,  and  all  the  stockholders  of  said 
company  shall  be  jointly  liable  for  all  the  debts  due  or  owing  to  any  of  its  laborers  and  ser 
vants,  for  services  performed  for  said  corporation,  but  shall  not  be  liable  to  an  action  therefor 
before  any  execution  shall  be  returned  unsatisfied,  in  whole  or  in  part,  against  the  said  cor 
poration,  and  then  the  amount  due  on  such  execution  shall  be  the  amount  recoverable,  with 
cost,  against  such  stockholders. 

SEC.  7.  Be  it  further  enacted,  That  said  railroad  shall  be  constructed  on  the  most  ap 
proved  plan  for  the  construction  of  city  railroads,  and  shall  be  ran  as  often  as  the  conveni 
ence  of  passengers  may  require,  and  shall  be  subject  to  such  reasonable  rules  and  regula 
tions,  in  respect  thereto,  as  the  common  council  of  the  city  of  Memphis  may,  from  time  to 
time,  by  ordinance  prescribe,  and  to  the  payment  to  the  city  of  such  license  annually,  for 
each  car  run  thereon,  as  they  may,  by  ordinance,  prescribe  ;  and  the  persons  and  their  as 
signs  are  hereby  authorized  to  charge  at  the  rate  of  five  cents  for  the  conveyance  of  passen 
gers  for  the  whole  or  any  part  of  the  route  from  the  depot  to  the  terminus  of  said  railroad. 

SEC.  8.  Be  it  further  enacted,  That  whenever  the  said  tracks  shall  be  placed  on  the  roads, 
the  same  shall  be  laid  with  such  rails  and  in  such  manner  as  shall  not  obstruct  carriage 
travel,  and  said  company  shall  cause  said  tracks  to  conform  to' the  grade  of  the  roads  as  they 
now  are,  or  as  it  may  be  by  them,  and  at  their  expense,  changed  or  altered,  and  said  com 
pany  shall  keep  the  surface  of  such  roads  inside  the  rails,  and  for  two  feet  outside  on  each 
side  thereof,  in  good  order  and  repair. 

SEC.  9.  Be  it  further  enacted,  That  the  act  entitled  "An  act  to  incorporate  the  People's 
Passenger  Railroad  Company  of  the  city  of  Memphis,"  passed  February,  1860,  be,  and  the 
same  is  hereby,  repealed,  together  with  all  acts  and  parts  of  acts  inconsistent  with  this  act. 

SEC.  10.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  7,  1865. 


CHAPTER  XIX. 

AN  ACT  to  incorporate  the  Tennessee  and  Kentucky  Petroleum,  Mining,  and  Manufactur 
ing  Company,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  C.  H. 
Smith,  Dr.  Joshua  Coff,  George  L.  Lewis,  George  Hillman,  W.  J.  McCor,  W.  J.  Costner, 
and  their  associates,  be,  and  are  hereby,  created  a  body  politic  and  corporate,  by  the  name  of 
the  "Tennessee  and  Kentucky  Petroleum,  Mining,  and  Manufacturing  Company,"  and  shall 
have  succession  for  ninety-nine  years.  At  any  time  after  organization  within  twelve 


56  KECONSTRUCTION TENNESSEE. 

months,  the  directors  of  said  company  may,  if  desired,  change  the  name  of  said  company  to 
any  other  name ;  and  by  having  a  declaration  of  the  same,  signed  and  acknowledged  by 
their  president,  and  recorded,  as  a  deed  for  land,  in  the  county  where  the  business  meeting 
is  held,  said  new  name  shall  become  the  corporate  name  of  said  body. 

SEC.  2.  Be  it  further  enacted,  That  said  company,  in  their  corporate  name,  may  sue  and 
be  sued,  plead  and  be  impleaded,  in  any  court  of  law  or  equity;  may  adopt  and  use  a  com 
mon  seal,  changeable  at  their  pleasure  ;  may  contract  and  be  contracted  with,  and  have  and 
enjoy  all  the  privileges  and  rights  incident  to  corporations. 

SEC.  3.  Be  it  further  enacted,  That  said  company  may  acquire  and  hold,  by  purchase  or 
lease,  any  real  or  personal  property  necessary  or  proper  to  cany  on  their  business ;  may  sell, 
convey,  exchange,  rent,  or  lease  the  same,  or  any  part  thereof,  at  any  time  or  times  during 
the  continuance  of  this  charter ;  and  shall  have  and  enjoy  all  the  rights,  privileges,  and  im 
munities  granted  by  this  legislature  to  any  petroleum,  or  mining,  or  manufacturing  com 
pany. 

SEC.  4.  Be  it  further  enacted,  That  said  corporation  shall  have  power  to  explore  any  of 
the  land  acquired  or  held  by  them  by  digging,  tunnelling,  boring,  mining,  or  otherwise,  for 
petroleum,  salt,  coal,  iron,  lead,  copper,  or  other  material  or  product,  and  to  prepare,  by 
manufacturing  or  otherwise,  any  material  or  product  so  found  for  market ;  to  use  or  vend 
the  same,  either  crude  or  manufactured ;  to  erect  such  houses  and  machinery  as  they  may 
deem  requisite  to  carry  on  any  part  of  said  business.  Said  company  may  make,  or  have 
executed  to  them,  mortgages  or  deeds  of  trust  on  real  or  personal  property,  when  necessary 
in  their  business,  or  in  order  to  secure  debts  due  or  to  become  due  by  or  to  said  corporation. 

SEC.  5.  Be  it  further  enacted,  That  this  company  may  ordain  and  establish,  from  time  to 
time,  alter  or  amend,  such  by-laws,  rales,  and  regulations  for  the  government  of  their  affairs 
as  they  may  deem  proper,  and  which  shall  not  contravene  this  charter  and  the  laws  of  the 
land. 

SEC.  6.  Be  it  further  enacted,  That  the  capital  stock  of  this  corporation  shall  not  be  less 
than  one  hundred  thousand  dollars,  nor  more  than  five  hundred  thousand  dollars,  consisting 
of  shares  estimated  at  twenty  dollars  each. 

SEC.  7.  Be  it  further  enacted,  That  any  five  of  said  corporators  may  open  books  for  sub 
scriptions  of  stock  in  said  company  at  such  times  and  places  as  they  may  choose.  When 
the  sum  of  ten  thousand  dollars  has  been  subscribed,  then  said  company  may  organize  and 
elect  officers. 

SEC.  8.  Be  it  further  enacted,  That  the  officers  of  said  association  shall  consist  of  a  presi 
dent,  a  secretary,  and  seven  directors,  who  shall  serve  for  one  year,  and  until  their  succes 
sors  are  qualified  and  inducted  into  office.  The  elections  shall  be  at  such  time  and  place, 
and  on  such  notice,  as  the  by-laws  may  prescribe. 

SEC.  9.  Be  it  further  enacted,  That  the  officers  shall  be  elected  annually  as  aforesaid,  by 
a  majority  of  the  votes  cast  at  such  election ;  and  in  elections,  each  share  shall  entitle  the 
owner  thereof  to  one  vote. 

SEC.  10.  Be  it  further  enacted,  That,  for  cause  deemed  by  them  sufficient,  the  directors 
may  dismiss  any  officer  or  agent,  and  appoint  a  successor  to  act  until  the  next  regular  elec 
tion,  or  for  a  shorter  term,  as  they  may  determine. 

SEC.  11.  Beit  further  enacted,  That  each  subscriber  for  stock  in  said  corporation  shall  be 
individually  liable  only  for  the  amount  subscribed  for  by  such  person,  and  only  until  the 
same  is  paid  in. 

SEC.  12.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  give 
banking  privileges  to  said  company  ;  and  that  the  right  to  alter,  change,  or  repeal  this  act  is 
hereby  reserved  to  any  subsequent  legislature. 

SEC.  13.  Be  it  further  enacted,  That  Sol.  Hesse,  N.  Hoffeiner,  Adolph  Loeb,  H.  T.  Tom- 
linson,  J.  Nathan,  J.  S.  Menkin,  Henry  Sussel,  and  their  associates,  are  hereby  incorporated 
a  body  politic  and  corporate,  under  the  name  and  style  of  the  "Memphis  Club,"  in  the  city 
of  Memphis,  county  of  Shelby,  and  State  of  Tennessee,  with  full  powers  in  their  said 
corporate  capacity  to  sue  and  be  sued,  plead  and  be  impleaded,  purchase  and  hold  real 
and  personal  property,  stock,  and  incorporate  hereditaments,  and  may  dispose  of  the  same  in 
such  manner  as  said  association  may  deem  most  expedient. 

SEC.  14.  Beit  further  enacted,  That  the  said  " Memphis  Club"  may  use  a  common  seal, 


acts  for  their  benefit  not  inconsistent  with  the  privileges  herein  granted. 

SEC.  15.  And  be  it  further  enacted,    That  this  act   shall  take   effect  from  and  after  its 
passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  llcprcsentatitcs. 
SAMUEL  R.  HODGERS, 

Speaker  of  the  Senate. 
J'asscdJunc  7,1865. 


RECONSTRUCTION TENNESSEE.  57 


CHAPTER  XX. 

AN  ACT  to  amend  an  act  authorizing  John  C.  Haley  to  establish  a  turnpike  road,  passed 

October  28,  1833. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  F.  A. 
Henager,  Jas.  R.  Rigsby,  George  W.  Rider,  and  Abel  A.  Pearson  be,  and  they  are  hereby, 
authorized  to  open,  establish,  and  keep  in  repair  a  turnpike  road  across  what  is  known  as  the 
Quails  Trace  of  Walden's  Ridge,  beginning  at  or  near  where  J.  L.  Hutchison  formerly  lived, 
in  Rhea  county,  and  from  thence  to  Benjamin  F.  Bridgeman'smill,  at  the  foot  of  the  moun 
tain,  in  Bledsoe  county  ;  and  that  the  said  proprietors  have  the  charter  for  said  road  for  the 
same  length  of  time,  and  upon  the  same  terms  and  conditions  in  all  respects  that  a  charter 
for  a  turnpike  road  was  given  to  John  C.  Haley,  by  an  act  passed  October  26,  1833,  and  that 
John  Lee,  of  Bledsoe  county,  and  John  P.  Walker,  of  Rhea  county,  be  appointed  commis 
sioners  on  said  road,  who  shall  take  the  same  oath,  and  perform  the  same  duties,  and  be  en 
titled  to  the  game  privileges  and  emoluments  that  are  enjoined  upon  and  extended  to  the 
commissioners  of  said  John  C.  Haley's  turnpike  road  by  the  act  aforesaid  ;  the  charter  here 
by  granted  to  be  void  unless  the  road  be  opened  and  completed  within  four  years  from  the 
passage  of  this  act. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  7,  1865. 


CHAPTER  XXI. 

AN  ACT  to  incorporate  the  Memphis  and  Mound  City  Arkansas  Steam  Packet  Company, 

of  Memphis. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  G.  P. 
Ware,  C.  C.  Burk,Wm.  M.  Farrington,  Wm.  R.  Moore,  John  D.  Ware,  and  their  associates, 
shall  be,  and  they  are  hereby,  constituted  a  body  politic  and  corporate  under  the  name  and 
style  of  the  People's  Passenger  and  Freight  Steam  Packet  Company  of  Memphis  and  Mound 
City  ;  and  by  that  name  may  have  succession  for  the  term  of  thirty  years  ;  may  sue  and  be 
sued,  plead  and  be  empleaded  ;  may  have  and  use  a  common  seal ;  may  purchase  and  hold 
such  personal  and  real  estate  as  may  be  necessary  for  carrying  on  the  business  of  the  corpora 
tion  ;  and  the  same  to  sell  or  dispose  of  at  pleasure  ;  may  make  all  needful  by-laws  for  their 
government  not  inconsistent  or  in  conflict  with  the  laws  of  the  United  States,  the  State  of 
Tennessee,  or  the  city  of  Memphis  and  county  of  Shelby. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  three  hun 
dred  thousand  dollars,  which  shall  be  divided  into  shares  of  fifty  dollars  each,  and  the  same 
may  be  subscribed  to  and  made  subject  to  such  calls  and  terms  of  payment  as  the  directors 
hereinafter  provided  for  shall  designate. 

SEC.  3.  Be  it  further  enacted,  That  the  persons  above  named  shall  open  books  for  the  sub 
scription  of  stock,  and  when  one  hundred  shares  are  subscribed,  and  ten  dollars  on  each  share 
paid  in,  the  stockholders  may  then  meet  and  elect  five  of  their  number  directors  of  said  com 
pany,  and  thereupon  said  directors  shall  choose  one  of  their  number  to  act  as  president,  and 
may  elect  such  other  officers  as  they  may  think  necessary,  and  fix  the  salaries  of  the  same, 
said  officers  to  remain  in  office  one  year,  or  until  their  successors  are  duly  elected  and  installed 
into  office,  at  which  time,  after  three  weeks'  notice  in  one  newspaper  published  in  the  county 
of  Shelby,  State  aforesaid,  the  stockholders  of  said  company  shall  meet  and  elect  the  direc 
tors  aforesaid,  each  stockholder  having  one  vote  for  each  share  of  stock  held  by  him  or  her. 
Said  directors  shall  thereupon  elect  their  said  president  and  other  officers,  and  said  election 
shall  take  place  annually.  Said  stockholders  may  vote  in  person  or  by  proxy.  Three  of 
said  directors  shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  4.  Be  it  further  enacted,  That  said  company,  by  their  directors  and  officers,  shall 
have  power  to  complete  and  execute  all  contracts  or  agreements  entered  into  with  the  city  of 
Memphis,  or  other  parties,  for  the  use  of  a  landing  or  wharf  of  said  city,  and  may  alter  or 
enlarge  the  terms  of  same.  Said  parties  may  enter  into  all  necessary  contracts  for  the  build 
ing  and  operating  said  steam  packet  company,  and  declare  dividends  on  the  capital  stock  of 
the  same,  provided  that  the  capital  stock  is  not  diminished  thereby. 

SEC.  5.  Be  it  further  enacted,  That  said  company,  in  establishing  a  tariff  of  freight  and 
passage  to  and  from  Memphis  and  Mound  City,  will  submit  the  same  to  the  county  court  of 
Shelby  county,  state  aforesaid,  for  the  approval  of  the  same  before  any  of  its  provisions  can 
be  enforced  :  Provided,  this  act  shall  not  be  so  construed  as  to  grant  either  the  indorsement 
of  the  State  or  the  loan  of  any  bonds. 

SEC.  6.  Be  it  further  enacted,  That  the  stockholders  of  said  company  shall  be  individually 
liable  for  the  amount  of  their  stock  subscribed  until  the  same  is  paid. 


58  RECONSTRUCTION TENNESSEE. 

SEC.  7.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations  of  this  State. 

SEC.  8.  DC  it  further  enacted,  That  nothing  herein  contained  shall  be  so  construed  as  to 
authorize  the  corporation  of  the  city  of  Memphis  or  the  county  court  of  Shelby  county  to 
grant  any  privilege  or  make  any  contract  with  said  company  that  will  in  any  way  interfere 
with  the  vested  rights  of  any  party  or  parties  whatever  as  now  fixed  by  law. 

SEC.  9.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXII. 

AN  ACT  to  incorporate  Tennessee  Mountain  Petroleum  and  Mining  Company. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Dr.  T.  A. 
Atchison,  Capt.  W.  H.  H.  Ayres.  Capt.  L.  H.  Thrikston,  S.  H.  Tar,  J.  W.  Plummer,  capt. 
and  provost  marshal  district  Middle  Tennessee,  H.  \V.  Hart,  and  their  associates,  succes 
sors  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  corporate  and  politic  by  the 
name  and  style  of  "  Tennessee  Mountain  Petroleum  and  Mining  Company;"  and  by  that 
name  and  style  shall  have  succession  for  ninety-nine  years,  with  power  to  contract  and  be 
contracted  with,  sue  and  be  sued,  in  that  name  in  all  courts  and  places  ;  to  have  a  common 
seal ;  to  engage  in  mining,  manufacturing  and  boring  for  petroleum,  salt,  and  other  valuable 
minerals,  and  in  the  manufacturing,  refining,  and  preparing  for  market,  transporting  and 
selling  the  same,  and  other  products  of  said  business,  and  of  the  land  now  owned  or  which 
may  hereafter  be  owned  by  them  in  the  State  ;  to  hold  their  meetings,  and  transport  and  sell 
their  oil  or  other  minerals  or  other  products,  within  or  without  the  state,  and  to  have  all 
other  powers  needful  and  proper  for  the  successful  prosecution  of  their  business  and  for  the 
execution  of  the  powers  herein  granted. 

SEC.  2.  That  said  corporation  may  organize  said  company  by  the  appointment  of  a  presi 
dent  and  such  other  officers  and  managers  as  they  may  deem  necessary  at  such  times  and 
places  as  they  may  designate  by  notice  previously  given  ;  and  when  thus  organized,  the  said 
company  shall  have  power  to  make  such  by-laws,  rules  and  regulations  as  they  may  deem 
necessary  from  time  to  time  for  the  government  and  prosecution  of  the  business  of  said  cor 
poration,  not  inconsistent  with  the  constitution  and  laws  of  the  United  States  and  of  the 
State  of  Tennessee. 

SEC.  3.  The  capital  stock  of  said  company  shall  be  five  hundred  thousand  dollars,  and 
said  company  shall  have  power  to  increase  the  same  from  time  to  time,  not  exceeding  one 
million  dollars. 

SEC.  4.  The  company  may  buy,  lease,  or  rent  any  suitable  lands,  mines,  oil  and  salt  rights 
and  privileges,  rights  of  way,  and  other  property  necessary  for  their  business,  and  may  dis 
pose  of  the  same,  or  any  portion  of  it,  by  sale  or  otherwise.  They  may  receive  real  estate, 
leasehold,  mining  and  boring  rights  and  fights  of  way,  in  payment  of  such  part  of  subscrip 
tion  as  thoy  may  deem  advisable.  Said  company  may  erect  and  build  on  any  of  their  lands 
such  buildings,  engines,  machinery,  and  fixtures  as  may  be  deemed  convenient  and  proper  for 
carrying  on  and  conducting  the  business  of  said  corporation. 

SEC.  5.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations  in  this  State. 

SEC.  6.  Be  it  further  enacted,  That  a  violation  of  this  charter  shall  authorize  the  legisla 
ture  to  alter  or  repeal  «the  same,  and  that  nothing  therein  contained  shall  be  so  construed  as 
to  allow  any  banking  privileges  to  said  company. 

SEC.  7.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the.  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1SC5. 


CHAPTER  XXIII. 
AN  ACT  to  incorporate  the  East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  Salt  Company 

SECTION  ].  Be  it  cnartnl  by  the  general  assembly  of  the  State  of  Tennessee,  That  O.  P. 
Temple,  Green  Adams,  R.  R.  Butler,  John  1J.  Brownlow,  J>:»vid  K.  Young,  L.  C.  Houk. 
and  their  associates,  successors,  and  assigns,  be,  and  are  hereby,  constituted  a  body  corpo, 
rate,  by  the  name  and  style  of  the  "East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  S  1 


EECONSTRUCTION TENNESSEE.  59 

Company,"  and  by  that  name  shall  have  succession  for  ninety-nine  years  ;  and  shall  be  com 
petent  to"  sue  and  be  sued  in  any  court  of  law  or  equity ;  to  have  and  use  a  common  seal, 
and  to  alter  the  same  at  pleasure;  to  establish,  ordain,  and  change  any  by-laws,  not  incon 
sistent  with  the  constitution  and  laws  of  Tennessee,  that  may  be  necessary  for  the  govern 
ment  of  the  company  ;  to  purchase,  hold,  and  dispose  of  such  real  estate,  leases,  mines,  min 
erals,  iron,  coal,  oil,  salt,  and  personal  property,  as  they  may  desire,  or  that  may  be  neces 
sary  for  the  legitimate  transaction  of  their  business  ;  to  mine,  bore,  forge,  sell,  smelt,  trans 
port,  work,  manufacture,  refine  and  vend  the  same ;  to  issue  such  number  of  shares  of  the 
stock  of  said  company,  at  the  representative  par  value  thereof,  as  may  be  indorsed  by  a  vote 
of  said  company ;  to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  of  stock 
of  the  corporation  for  such  running  interest  or  interests,  in  real  estate,  as  may  be  necessary ; 
to  purchase  or  lease  for  the  operation  of  the  works  of  the  company;  to  lay  and  conduct  pipes 
and  construct  railroads  from  their  wells  to  navigable  rivers,* or  railroads  now  constructed  or 
to  be  constructed,  and  to  make  connexions  and  turnouts  for  their  purposes,  &c. ;  that  the 
capital  stock  of  said  company  be  one  million  dollars,  to  be  divided  in  such  shares  as  the  com 
pany  may  determine,  which  may  be  increased  or  diminished,  as  the  company  may  determine; 
that  the  president  and  directors  shall  regulate  the  proportion  of  stock  which  may  be  issued 
to  each  member  on  application  ;  the  company  to  have,  enjoy,  and  exercise  all  the  rights  and 
privileges  belonging  and  incident  to  corporations,  except  the  right  to  issue  notes,  or  engage 
in  the  business  of  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines  or  minerals,  lands  or  leases,  iron,  coal,  or  petroleum  leases,  situated  in  this  State  or 
elsewhere,  a  separate  and  distinct  interest  of  each  mine,  bed,  field  vein,  deposit  or  lease  may 
be  created  under  some  name  to  distinguish  the  same,  and  in  like  manner  may  organize  under, 
and  enjoy  as  a  distinct  branch,  all  the  rights  and  privileges  named  in  the  first  section  of  this  act. 

SEC.  3.  Be  it  further  enacted,  That  Horace  Maynard,  Win.  F.  Ray,  Thomas  J.  Vanguilder, 
James  B.  Howard,  Francis  S.  Price,  James  N.  Clark,  Isaac  C.  Price,  John  C.  Flanders, 
Wm.  McKey,  Joseph  L.  Cooper,  Charles  W.  Cohen,  and  S.  R.  Rodgers  be,  and  they  are 
hereby,  constituted  a  body  corporate  and  politic,  by  the  name  and  style  of  the  "Kuoxville 
Oil  Mining  Company,"  and  in  that  name  they  may  sue  and  be  sued,  &c. 

SEC.  4.  Be  it  further  enacted,  That  said  company  or  body  corporate  shall  have  all  the 
rights,  powers,  and  privileges  granted  to  the  "  Cumberland  Basin  Petroleum  and  Mining 
Company,"  and  subject  to  like  limitations  and  restrictions. 

SEC.  5.  Be  it  further  enacted,  That  James  H.  Vaughn,  J.  M.  Robb,  John  H.  Ligon,  H. 
F.  Banks,  and  H.  S.  Craine,  their  associates  and  successors,  are  hereby  constituted  a  body- 
politic  and  corporate,  for  a  period  of  ninety-nine  years,  by  the  name  of  the  "Tennessee  Oil 
and  Mineral  Company,"  for  the  purpose  of  exploring  for  oil,  copper,  gold,  lead,  silver,  iron, 
zinc,  coal,  and  other  ores,  metals  arid  minerals,  and  for  the  purpose  of  developing,  mining 
working,  refining,  smelting,  purchasing,  and  vending  the  same,  with  the  capital,  and  clothed 
with  all  the  powers,  rights,  and  privileges  granted  in  the  foregoing  charter  incorporating  the 
"East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  Salt  Company."  Said  corporators  and 
their  associates  shall  organize  by  the  election  of  six  directors  of  their  number,  who  shall  elect 
a  president,  vice-president,  secretary,  and  treasurer,  who  shall  perform  such  duties  and  ex 
ercise  such  powers  as  may  be  prescribed  by  the  by-laws. 

SEC.  C.  Be  it  further  enacted,   That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  3865. 


CHAPTER  XXIV. 

AN  ACT  to  incorporate  the  Manchester  and   Barren  Fork  Mining  and  Manufacturing 

Company. 

SECTION  1.  Be  it  enacted  -by  the  general  assembly  of  the  State  of  Tennessee,  That  W.  T. 
Garrett,  J.  C.  McCrory,  and  D.  P.  Kathbone,  and  their  associates  and  successors,  be,  and 
they  are  hereby,  created  a  body  politic  and  corporate,  by  the  name  and  style  of  "The  Man 
chester  and  Barren  Fork  Mining  and  Manufacturing  Company,"  and  by  that  name  shall 
have  succession  for  ninety -nine  years,  sue  and  be  sued,  plead  and  be  impleaded  with,  and 
generally  to  do  every  act  and  thing  necessary  and  proper  to  carry  out  the  provisions  ot  this 
act,  and  to  promote  the  object  and  designs  of  this  corporation. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hundred 
thousand  dollars,  with  the  privilege  of  increasing  the  same  to  five  hundred  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each:  and  the  persons  above  named  shall 
open  books  for  the  subscription  of  stock,  and  when  fifty  thousand  dollars  shall  have  been 
subscribed  the  stockholders  may  meet  and  elect  five  directors,  and  said  directors  shall  elect 
one  of  their  number  president,  and  also  elect  a  secretary. 


60  RECONSTRUCTION TENNESSEE. 

SEC.  3.  Be  it  further  enacted,  That  the  affairs  of  said  company  shall  be  managed  by  a 
board  of  directors,  consisting  Of  not  less  than  five,  and  such  agents  and  officers  as  they  may 
appoint.  The  secretary  and  president  shall  be  elected  every  year  by  the  directors,  and  all 
vacancies  happening  in  said  board,  or  in  any  of  said  offices,  may  be  filled  by  the  acting 
directors  for  the  remainder  of  the  term  for  which  they  were  elected  or  appointed.  The 
board  shall  have  power  to  establish  by-iaws  for  the  government  of  said  company,  and  to 
alter  the  same  whenever  it  may  be  deemed  proper  for  them  to  do  so.  The  directors  shall 
have  power  to  require  security  for  the  payment  of  all  stock  subscribed  and  not  paid  in. 

SEC.  4.  Be  it  further  enacted,  That  the  said  company  shall  have  full  power  and  authority 
to  purchase  and  lease  lands  or  real  estate,  and  to  dispose  of  the  same,  and  to  do  a  general 
mining  and  manufacturing  business  on  lands  owned  and  leased  by  said  company ;  to  mine, 
forge,  roll,  smelt,  manufacture,  transport,  and  to  vend  minerals,  iron,  coal,  petroleum  oil, 
salt,  and  to  hold  property  of  every  species  necessary  for  the  carrying  on  of  the  business  of 
said  company,  and  said  company  shall  have  power  to  make  contracts  under  the  corporate 
seal,  signed  by  the  president  and  attested  and  signed  by  the  secretary  or  other  officer  who 
may  be  appointed  by  the  directors  for  that  purpose. 

SEC.  5.  Be  it  further  enacted,  That,  should  the  said  company  at  any  time  fail  to  meet  its 
engagements,  each  person  holding  stock  at  the  time  of  such  failure  shall  be  individually 
liable  for  the  debts  of  the  company  to  the  amount  of  the  balance  of  the  unpaid  stock  of  such 
stockholder. 

SEC.  6.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations  of  this  State. 

SEC.  7.  Be  it  further  enacted  by  the  general  assembly  of  (he  State  of  Tennessee,  That  E.  C. 
Schultze,  L.  C.  Platt,  C.  M.  Northrup,  Charles  Kocliler,  Joseph  W.  Currier,  Lewis  Benton, 
and  John  A.  Smith,  shall  be,  and  are  hereby,  constituted  a  body  politic  and  corporate,  for 
the  purpose  of  purchasing,  selling,  mining,  improving,  and  settling  with  loyal  owners,  land 
in  the  State  of  Tennessee,  known  by  the  name  and  style  of  "The  New  York  and  Tennessee 
Mining  and  Farmland  Company,"  and  by  that  name  may  have  succession  for  ninety-nine 
years;  may  sue  and  be  sued ;  may  contract  and  be  contracted  with;  may  have  a  .common 
seal  and  power  to  change  the  same  at  will ;  may  purchase  and  hold  such  personal  and  real 
estate  as  they  shall  deem  necessary  for  carrying  out  the  objects  of  the  corporation,  and  may 
sell  or  dispose  of  the  same  at  pleasure,  and  receive  pay,  security,  or  mortgages  therefor ;  may 
mine,  work,  or  otherwise  develop  the  mineral  resources,  and  may  construct  such  machinery  and 
improvements  on  the  land  of  the  corporation  as  they  shall  think  proper,  and  have  power  to 
sell,  lease,  or  otherwise  dispose  of  the  same  ;  and  may  make  all  necessary  by-laws  for  their 
government^uot  inconsistent  with  the  laws  of  the  United  States  or  of  the  State  of  Tennessee. 

SEC.  8.  The  capital  stock  of  said  company  shall  consist  of  five  thousand  shares  of  the 
par  value  of  one  hundred  dollars  each,  with  the  privilege  of  increasing,  if  necessary,  to 
forty  thousand  shares,  and  the  trustees  shall  designate  and  determine  what  portion  of  said 
stock  shall  be  paid  in  land  and  its  value,  and  what  portion  in  cash,  which  stock  shall  be 
deemed  personal  estate,  and  transferable  in  such  manner  as  the  by-laws  of  the  company 
shall  direct. 

SEC.  9.  That  the  affairs  of  said  company  shall  be  managed  by  a  board  of  trustees  chosen 
by  the  stockholders,  who  shall  hold  their  office  for  one  year,  and  until  their  successors  are 
elected.  Every  member  of  said  board  of  trustees  shall  be  a  stockholder.  In  every  election, 
and  at  every  meeting  of  stockholders,  each  share  of  stock  on  which  no  call  or  assessment  is 
due,  past,  and  unpaid,  shall  entitle  the  holder  thereof  to  one  vote,  either  in  person  or  by 
proxy.  The  board  of  trustees  may  choose  a  president,  vice-president,  secretary  and  treas 
urer,  and  such  other  officers  and  agents  as  may  be  necessary,  and  fix  their  salaries.  A  failure 
to  hold  any  election  on  the  day  designated  shall  not  work  a  dissolution  of  the  corporation, 
but  such  election  may  be  held  at  a  subsequent  time,  to  be  designated  by  the  board  of  trus 
tees. 

SEC.  10.  If  any  sur/scriber  for  stock  shall  fail  to  pay  the  amount  subscribed  in  such  man 
ner  as  may  be  prescribed  by  the  by-laws,  the  same  may  be  recovered  by  action  of  debt  in  any 
court  having  jurisdiction,  or  such  stock  may  be  sold,  and  declared  forfeited  by  the  company, 
on  such  terms  us  the  board  of  trustees  shall  determine  and  prescribe. 

St:c.  11.  That  the  aforesaid  persons,  or  any  number  of  them,  or  any  other  person  duly 
authorized  by  the  board  of  trustees,  may,  at  any  time  or  place,  open  books  for  the  subscrip 
tion  of  stock. 

SEC.  12.  Be  it  further  enacted,  That  James  Mullens,  William  H.  Wisner,  Philemon  Gos 
ling,  and  John  C.  Coldwell,  jr.,  be,  and  are  hereby,  created  a  body  politic  and  corporate, 
with  succession  for  ninety-nine  years,  to  be  known  and  designated  as  "The  Cascade  Mining 
and  Manufacturing  IVtroU-um  Company,"  with  all  the  powen  and  privileges  of  this  act,  as 
conferred  upon  the  previous  corporations  in  this  act. 

SEC.  K?.  And  be  it  further  enacted,  That  this  act  shall  take  effect  and  be  in  full  fcrce  from 
and  after  its  passage. 

WILLIAM  1IEISKELL, 
Speaker  of  the  House  of  Representatlces. 
SAMUEL  R.  RODGERS, 

Passed  June  8,  1865.  Speaker  of  the  Senate. 


RECONSTRUCTION TENNESSEE.  61 

CHAPTER  XXV. 

AN  ACT  to  amend  An  act  entitled  An  act  to  incorporate  the  East  Tennessee  and  Virginia 

Railroad  Company,  passed  the  27th  day  of  January,  1848. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  t lie  State  of  Tennessee,  That  the  7th  sec 
tion  of  said  act  be  so  amended  that  the  affairs  of  said  company  shall  be  managed  by  a  board 
of  directors,  to  consist  of  nine  instead  of  fifteen,  as  now  required  by  law. 

SEC.  2.  Be  it  further  enacted,  That  the  seventeenth  section  be  so  amended  that  a  stock 
holder,  in  his  own  right,  of  ten  shares,  shall  be  eligible  to  the  office  of  president  or  director 
of  said  company,  with  all  the  rights  and  privileges  that  they  are  now  allowed  by  law  :  Pro 
vided,  he  be  a  loyal  citizen  of  the  United  States  government. 

SEC.  3.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Reprcsentalites. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 

CHAPTER  XXVI. 

AN  ACT  to  incorporate  the  Tennessee  Mining  and  Manufacturing  Company. 

Whereas  it  has  been  represented  to  this  general  assembly  that  the  property  known  as  the 
Washington  County  Iron  Works,  in  Washington  county,  of  this  State,  upon  which  there  now 
are  a  furnace,  forges,  rolling  mill,  and  other  improvements,  is  capable,  by  the  application  of 
the  requisite  capital,  of  much  further  development : 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Charles  J. 
McKinney,  of  Hawkins  county ;  Calvin  Hoss,  of  Washington  county ;  and  such  other  persons 
as  they  may  associate  with  them,  as  owners  of  the  shares  hereinafter  authorized  to  be  issued, 
be,  and  the  same  are  hereby,  made  a  body  politic  and  corporate,  under  the  name  and  style  of 
the  Tennessee  Mining  and  Manufacturing  Company,  and  as  such,  in  that  name,  may  have 
continued  succession,  and  may  purchase,  have,  hold,  use,  and  acquire,  by  any  lawful  means, 
any  estate,  real  and  personal,  in  as  full  and  ample  manner  as  any  individual  may  or  might 
do;  and  the  same  may  use,  lease,  let,  mortgage,  sell,  and  convey,  or  otherwise  dispose  of; 
and  may  sue  and  be  sued,  plead  and  be  impleaded,  contract  and  be  contracted  with,  and  have 
and  use  a  common  seal,  and  the  same  may  change,  at  pleasure ;  and  make  by-laws,  not  incon 
sistent  with  the  constitution  and  laws  of  Tennessee,  and  regulations  for  the  management  of 
their  affairs;  and  may  have  and  use  all  the  rights,  powers,  and  privileges  which  are  or  may 
be  necessary  for  them  to  have  as  an  incorporated  company. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  the  said  company  shall  consist  of 
shares  of  ten  dollars  each,  of  which  the  said  property,  known  as  Washington  County  Iron 
Works,  shall  constitute  a  part,  at  a  price  to  be  agreed  upon  by  and  between  the  parties  inter 
ested,  and  when  two  hundred  thousand  dollars  shall  have  been  subscribed,  the  shareholders 
may  proceed  to  organize  the  company  by  the  election  of  five  or  more  directors ;  and  the  directors 
for  the  time  being  may  have,  exercise,  and  enjoy,  in  the  name  and  behalf  of  the  company,  all 
the  rights,  powers,  and  privileges  which  are  given  or  intended  to  be  given  herein,  and  may, 
from  time  to  time,  increase  their  resources  by  borrowing  money  on  a  pledge  of  their  property, 
or  without  such  pledge,  or  by  new  subscriptions ;  and  the  subscribers  shall  be  bound,  each 
for  himself  or  herself,  to  pay  the  sums  by  them  respectively  subscribed ;  and  when  the  sums 
due,  or  to  become  due,  thereon  shall  have  been  paid,  such  shareholder  shall  not  be  liable  for 
any  further  payment  on  account  thereof. 

SEC.  3.  Be.  it  further  enacted,  That  the  by-laws  may  prescribe  the  number  of  and  the  man 
ner  in  which  the  officers  and  agents  of  the  company  shall  be  appointed,  their  terms  of  service, 
powers,  and  duties,  and  may  require  that  they  shall  take  an  oath  faithfully  to  dischargo^their 
respective  duties  And  inasmuch  as  the  Nolachucky  river  is  not  navigable  above  the  site  of 
the  said  iron  works,  and  the  water  power,  for  manufacturing  purposes,  may  be  greatly  in 
creased  by  erecting  one  or  more  dams  across  the  said  river  above  the  site  aforesaid,  the  com 
pany  may,  and  they  are  hereby  authorized  to,  erect  one  or  more  dams  across  the  said  river, 
'if  the  same,  in  their  opinion,  bo  necessary  and  proper  to  aid  in  the  establishment  of  manufac 
tures  of  iron,  or  other  articles  or  commodities;  subject,  nevertheless,  to  the  payment  of  any 
damages  which  may  be  assessed  by  a  jury  empanelled  by  a  court  having  competent  jurisdic 
tion  ;  and  provided  that  the  erection  of  said  dam  or  dams  shall  i.ot  interfere  with  the  naviga 
tion  of  said  river. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  be  in  force  for  thirty  years  from  and  after 
its  passage,  and  until  the  same  be  modified  and  repealed ;  and  all  acts  and  parts  of  acts  con 
flicting  with  this  act  shall  be  and  are  hereby  repealed:  Provided,  That  nothing  in  this  act 
shall  be  so  construed  as  to  erive,  jrraut,  or  allow  to  said  company  banking  privileges. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  18G5. 


62  RECONSTRUCTION TENNESSEE. 

CHAPTER  XXVII. 

AN  ACT  incorporating  the  Tennessee  and  Cumberland  Oil  and  Mining  Company. 

SECTION  L  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  A.  G. 
Wells,  C.  L.  Hequembough,  Wni.  C.  Bunts,  Win.  li.  Campbell,  Win.  II.  Gordon,  Delaino 
F.  Smitb,  Edward  Donohoe,  George;  Richardson,  F.  II.  Cotton,  their  associates,  successors, 
and  assigns,  be  and  arc  hereby  created,  constituted  and  declared  a  body  politic  and  corporate, 
under  the  name  and  style  of  the  "Tennessee  and  Cumberland  Oil  and  Mining  Company," 
with  full  privileges  and  powers  to  and  for  the  purpose  of  prospecting,  boring,  exploring  for, 
raising,  mining,  digging,  transporting  and  selling  oil,  petroleum,  kerosene,  asphaltum,  naph 
tha,  salt,  coal,  iron,  and  all  other  minerals  in  this  State  or  elsewhere,  on  any  lands  they  may 
acquire  by  purchase,  lease  or  gift ;  and  to  manufacture  dyes  and  colors,  refine  and  convert  it 
to  such  other  uses  by  distillation,  refining  and  manufacturing,  as  science,  chemistry  and 
philosophy  has  or  may  hereafter  make  known  and  discover ;  also  the  privilege  and  power  to 
manufacture  iron  from  the  ore  into  pig  metal,  and  rolled  iron  in  all  its  qualities  and  forms ;  to 
erect  all  necessary  machinery,  buildings,  furnaces,  warehouses,  docks  and  levees  as  shall  or 
may  be  conducive  to  the  successful  operation  of  their  said  business  in  all  of  its  various  depart 
ments  and  ramifications ;  also  to  lay  and  conduct  pipes,  and  construct  railroads,  turnpikes  and 
canals  from  their  lands  and  works  to  any  navigable  river  or  railroad  now  constructed  or  here 
after  constructed,  and  to  make  the  necessary  switches  and  connexions  for  the  purpose  of  trans 
porting  said  articles,  mined  and  manufactured,  and  importing  such  articles  and  materials  as 
said  company  may  require  for  the  conducting  of  their  said  business :  Provided,  however,  That 
in  constructing  said  roads,  canals,  &c.,  they  do  not  interfere  with  any  vested  rights  ;  and  by 
said  name  and  style  are  hereby  made  a  body  capable  in  law,  as  individual  citizens,  to  con 
tract  and  'be  contracted  with,  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be 
answered  unto,  and  prosecute  to  final  judgment,  in  the  State  and  elsewhere,  in  all  courts  of 
lawtand  equity;  to  make,  have  and  use  a  common  seal,  and  change  the  same  at  will ;  with  full 
power  and  authority  to  purchase,  lease,  and  receive  in  donation,  and  enjoy  and  possess  estate, 
real,  personal  and  mixed,  and  to  lease,  rent,  sell,  alienate,  convey,  and  otherwise  dispose  of 
the  same ;  with  all  rights,  powers  and  privileges  necessary  and  proper  for  them  as  an  incor 
porate  company ;  and  by  such  name  and  style  shall  have  succession  for  the  full  term  of  ninety- 
nine  years  :  Provided,  That  nothing  in  this  act  shall  interfere  with  the  vested  rights  of  auv 
other  company  under  the  laws  of  the  State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  the  incorporators,  in  person  or  by  proxy,  shall,  as  soon 
after  the  passage  of  this  act  as  convenient,  meet  and  organize  by  the  election  of  a  board  of 
directors  of  not  less  than  seven  nor  more  than  ten  in  number,  who  shall  have  the  management 
and  control  of  the  affairs  of  the  company,  a  majority  of  whom  shall  constitute  a  quorum  for 
the  transaction  of  business,  and  each  being  a  stockholder  to  the  amount  of  twenty-five  shares 
at  least,  who,  as  well  as  their  successors,  shall  hold  their  office  for  the  term  of  one  year,  and 
until  their  successors  are  elected.  Said  directors  shall  annually  thereafter,  by  public  notice 
for  thirty  days,  in  one  or  more  newspapers  published  in  the  city  of  Nashville,  next  preceding 
the  first  Monday  of  June,  to  the  stockholders  to  meet  at  the  office  of  the  company,  in  Nash 
ville,  in  person  or  by  proxy,  to  elect  directors  for  the  next  ensuing  year,  at  which  elections 
three  of  the  stockholders,  appointed  by  those  present,  shall  be  the  judges.  If  the  director-; 
shall  fail  or  neglect  to  give  notice  as  aforesaid,  any  two  of  the  stockholders  may  give  said 
notice,  and  elect  directors  in  like  manner  as  if  the  directors  had  given  notice  as  prescribed  by 
this  act.  The  persons  receiving  a  majority  of  the  votes  cast  at  said  elections  shall  be  declined 
duly  elected;  and  in  case  of  a  tie  vote  a  majority  of  the  directors  elect  shall  determine  and 
give  one  vote,  which  shall  be  the  casting  vote.  Each  stockholder  shall  have  one  vote  for  each 
and  every  share  he  or  she  may  own;  and  any  shareholder,  not  present  at  any  such  electit.ji, 
may  vote  by  proxy,  said  proxy  being  a  shareholder  and  attending  such  election,  and  present 
ing  from  his  principal  authority  in  writing,  signed  and  sealed  by  said  principal  and  attested 
by  two  witnesses. 

SEC.  3.  Be  it  further  enacted,  That  if  it  should  happen  that  an  election  of  directors  should 
not  be  made  on  the  day  designated  in  the  notice,  the  said  corporation  shall  not  for  that  cause 
1  •(•  deemed  dissolved ;  but  it  shall  and  may  be  lawful  to  make  and  hold  an  election  for  direr 
on  some  other  designated  day,  of  which  notice  may  be  given. 

SEC.  4.  Be  it  further  enacted,  That  the  said  directors  snail  elect  annually  from  their  number 
a  president,  vice-president,  secretary,  and  treasurer,  and  other  such  officers,  agents,  clerks, 
and  employes,  from  among  the  stockholders  or  from  other  sources,  as  the  interest  of  the 
company  may  require:  and  may  take  of  each  of  them  such  bond  or  bonds,  with  security, 
conditioned  lor  the  faithful  performance  of  the  duties  assigned  them:  allow  such  compen 
sation  us  they  may  think  proper,  and  may  remove  and  dismiss  them,  or  any  of  them,  at 
pleasure;  and  shall  fill  all  vacancies  in  their  number  caused  by  death,  resignation,  or  other- 
Avise,  by  such  persons  from  among  the  stockholders  as  they  may  elect.  And  the  said  directors, 
or  a  majority  of  them,  may,  from  time  to  time,  make,  ordain,  and  establish  such  by-laws  and 
regulations  for  the  government  of  said  corporation  in  its  proceedings,  and  for  the  manage 
ment  of  its  stock  and  property,  as  may  by  them  be  deemed  necessary  and  convenient : 


RECONSTRUCTION TENNESSEE.  63 

Provided,  hoiccter,  the  same  be  not  repugnant  to  and  inconsistent  with  the  constitution  and 
laws  of  this  State  and  of  the  United  States. 

SEC.  5.  Be  it  further  enacted.  That  the  meetings  of  the  board  of  directors  shall  be  at  such 
times  and  places  as  they  may  themselves  determine;  and  special  meetings  thereof  may  be 
called  by  the  president  or  a  majority  of  the  directors,  and  at  all  meetings  thereof  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  6.  Be  it  further  enacted,  That  sYiid  directors  shall  keep,  or  cause  to  be  kept,  proper 
books  of  stock  and  accounts  of  the  business  and  affairs  of  said  company,  which  shall  be 
subject  at  all  times  to  the  inspection  of  the  stockholders,  and  they  shall  annually,  at  the 
expiration  of  their  term  of  office,  make  a  full  and  correct  report  to  the  stockholders  of  the 
transactions  of  the  year,  showing  the  amounts  of  property  and  means  received,  arid  whence 
received,  the  amount  disbursed,  and  for  what  purpose  disbursed,  the  amount  on  hand,  together 
with  such  other  information  as  may  be  required  by  the  stockholders  or  deemed  important  to 
the  interests  of  the  company. 

SEC.  7.  Be  it  further  enacted,  That  the  capital  stock  of  the  company  shall  be  two  million 

dollars,  divided  into  one  hundred  thousand  shares  of  twenty  dollars  each,  which  capital  stock 

may  be  increased  or  diminished  as  the  directors  may  determine ;    and  the  president  and 

1  directors  shall  regulate  the  proportion  of  stock  which  may  be  issued  to  each  member  on 

application. 

SEC.  8.  Be  it  further  enacted,  That  the  stock  and  property  of  said  company  and  corporation, 
of  whatever  nature,  shall  be  assignable  and  transferable  on  the  books  of  said  corporation  in 
such  manner  as  the  regulations  and  by-laws  thereof  may  prescribe. 

SEC.  9.  Be  it  further  enacted,  That  the  dividends  of  the  profits  of  said  corporation  shall  be 
made  at  such  times  among  the  stockholders  as  the  dividends  may  determine. 

SEC.  10.  Be  it  further  enacted,  That  the  board  of  directors  shall  have  no  power  to  bind  the 
corporation  by  any  contract  or  agreement  to  a  greater  amount  than  the  capital  stock  sub 
scribed  ;  and  in  case  of  their  attempting  to  do  so,  the  directors  so  participating  in  such  an 
attempt  shall  be  responsible  in  their  private  property  to  the  parties  injured. 

SEC.  11.  Be  it  further  enacted ',  That  said  corporation  may  receive  real  estate,  leasehold, 
mining  and  boring  interests  and  rights,  and  right  of  way,  in  payment  of  such  part  of  sub 
scription  to  stock  as  may  be  by  the  directors  deemed  advisable. 

SEC.  12.  Be  it  further  enacted,  That  said  corporation  shall  not  be  dissolved,  unless  by  a 
vote  of  two-thirds  of  the  whole  capital  stock. 

SEC.  13.  Be  it  further  enacted,  That  the  right  to  alter,  change,  or  repeal  this  act  is  hereby 
reserved  to  any  subsequent  legislature ;  and  nothing  shall  be  so  construed  as  to  grant  said 
company  banking  privileges. 

SEC.  14.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXVIII. 

AN  ACT  to  charter  the  East  Tennessee  Female  College. 

SECTION  1.  Be  it  enacted  'by  the  general  assembly  of  the  State  of  Tennessee,  That  a  female 
institution  be,  and  the  same  "is  hereby,  chartered  and  incorporated,  by  the  name  of  "The 
East  Tennessee  Female  College."  to  be  located  at  Cleveland,  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  the  following  persons  be  appointed  trustees  of  said 
institution:  G.  B.  Thompson,  M.  D.,  Rev.  Wm.  C.  Daily,  Robert  N.  Fleming,  M.  D.,  Rev. 
Hiram  Douglass,  William.  Hunt,  M.  D.,  Rev.  Robert  Sneed,  J.  H.  Brown,  M.  D.,  J.  H. 
Gaut,  esq.,  P.  M.  Craigmills,  M.  D.,  L.  P.  Gaut,  esq.,  J.  H.  Craigmills,  D.  P.  O'Neil, 
Thomas  H.  Colloway,  H.  B.  Davis,  William  Cate,  James  M.  Henderson,  Thomas  L.  Cate, 
Joseph  H.  Davis,  Jonathan  C.  Tipton,  and  Isaac  Lowe,  and  they  and  their  successors,  as 
hereafter  provided,  shall  constitute  a  corporation  for  ninety-nine  years. 

SEC.  3.  Be  it  further  enacted,  That  said  corporation  shall  be  able  and  liable,  in  law  and 
equity,  to  sue  and  be  sued,  plead  and  be  impleaded,  to  answer  and  be  answered,  and  to  de- 
feud  and  be  defended  in  all  courts  and  places,  as  any  other  legally  and  regularly  constituted 
corporation ;  may  have  a  common  seal,  may  alter  or  change  the  same  at  pleasure,  and  also 
shall  be  able  to  take  by  purchase,  grant  or  devise,  or  in  any  other  names,  and  to  hold  any 
real,  personal,  or  mixed  estate  whatever:  Provided  always,  The  clear  yearly  value  of  the  real 
estate  shall  not  exceed  the  sum  of  fifty  thousand  dollars:  And  provided  also,  That  the  prin 
cipal  and  interest  of  the  whole  fund  be  used  and  applied  for  the  use  and  promotion  of  educa 
tion  at  said  college,  and  to  no  other  purpose. 


64  RECONSTRUCTION— TENNESSEE. 

SEC.  4.  Be  it  further  enacted,  That  said  trustees  and  their  successors  in  office  shall  have 
lull  power  and  authority  to  collect  and  receive  all  funds  that  have  in  any  way  been  contribu 
ted  or  pledged  for  the  establishment  enlargement,,  maintenance,  or  benefit  of  said  institution, 
or  for  any  of  its  purposes,  and  apply  the  same ;  and  give,  grant,  bargain,  sell,  or  dispose  of 
all,  or  any,  of  said  real,  personal,  or  mixed  estate,  as  to  them  may  seem  best  for  the  interest 
of  said  institution. 

SEC.  5.  Be  it  further  enacted,  That  the  number  of  trustees  shall  at  no  time  exceed  twenty  ; 
seven  of  whom  shall  constitute  a  quorum,  with  power  to  transact  all  the  business  of  the 
institution,  except  to  sell  real  estate,  in  which  case  a  majority  of  the  board  must  act. 

SEC.  6.  Be  it  further  enacted,  That  the  trustees  and  their  successors  in  office  shall  have 
full  power  and  authority  to  direct,  manage,  and  control  the  funds  of  the  institution,  for  the 
benefit  of  the  same,  to  prescribe  the  course  of  study  and  the  discipline  to  be  observed  in  the 
institution. 

SEC.  7.  Be  it  further  enacted,  That  the  trustees  and  their  successors  in  office  shall  have 
power  to  select  and  elect,  whenever  a  majority  of  them  may  think  proper,  a  president  of  the 
institution,  and  such  professor  or  professors,  tutor  or  tutors,  as  they  may  consider  necessary 
for  the  institution,  and  these,  when  elected,  shall  constitute  a  faculty  for  the  education  and^ 
government  of  the  students,  under  the  restrictions  hereinbefore  and  hereafter  enacted. 

SEC.  8.  Be  it  further  enacted,  That  the  faculty  elected,  as  provided  in  the  seventh  section 
of  this  act,  shall  hold  office  during  the  pleasure  of  the  trustees :  Provided,  That  no  member 
of  the  faculty  shall  be  dismissed  by  the  trustees  without  just  cause,  previously  stated  to  him 
in  writing,  and  a  full  opportunity  for  defence  allowed  him  before  at  least  ten  (10)  of  the 
trustees  :  Provided,  That  if  complaint  shall  be  made  to  said  trustees,  or  any  of  them,  or  they 
or  any  of  them  have  knowledge  of  misconduct  on  the  part  of  any  member  of  the  faculty,  it 
shall  be  the  duty  of  the  trustees  to  immediately  call  a  meeting  of  their  body  to  investigate 
the  charges,  and  if  they  think  proper,  by  a  majority  vote  of  the  members  present,  if  five  or 
more,  suspend  said  officer  until  he  be  notified  and  tried,  as  herein  provided. 

SEC.  9.  Be  it  further  enacted,  That  no  member  of  the  faculty  shall  be  eligible  to  the  office 
of  trustee  except  the  president,  who  shall,  by  virtue  of  his  office,  be  a  member  of  the  board 

trustees. 

SEC.  1U.  Be  it  further  enacted,  That  said  trustees  shall,  under  the  regulations  provided  in 
this  act,  have  power,  upon  the  death,  resignation,  or  the  removal  of  one  of  its  members,  to 
supply  the  vacancy  by  the  election  of  some  other  person.  They  shall  also  have  power  to 
make  vacant  the  seat  of  any  member  of  the  board  who  shall  fail  to  attend  its  meetings  for 
the  term  of  twelve  months,  or  for  bad  or  any  want  of  good  character. 

SEC.  11.  Be  it  further  enacted,  That  said  trustees  shall  have  power  to  meet  from  time  to 
time  upon  their  own  adjournment,  and  as  often  as  they  shall  be  summoned  by  the  chairman 
or  president,  or  in  his  absence  by  the  secretary. 

SEC.  12.  Be  it  further  enacted,  That  the  president  of  the  board  of  trustees,  as  well  as  any 
other  officer  that  may  be  necessary  for  the  proper  organization  of  ^such  body,  may  be  elected 
once  in  every  year,  at  such  time  as  the  board  shall  fix  by  a  majority  vote;  and  the  officer 
elected  must  be  a  member  of  the  board  of  trustees. 

SEC.  13.  Be  it  further  enacted,  That  the  trustees,  and  their  successors  in  office,  have  power, 
and  authority  to  grant  and  confer  all  such  literary  degrees  and  honors  as  are  usual  in  any 
similar  institution  in  the  Union,  and  to  give  suitable  diplomas,  under  the  signatures  of  the 
faculty  and  five  of  the  board  of  trustees,  which  diploma  shall  entitle  the  possessor  to  the 
same  immunities  and  privileges  allowed  by  usage  and  statute  to  the  possessors  of  diplomas 
from  any  similar  institution:  Provided,  That  this  section  be  subject  to  legislative  control. 

SEC.  14.  Be  it  further  enacted,  That  said  trustees,  and  thoir  successors  in  office,  have  power 
and  authority  to  make  all  ordinances  and  by-laws  for  the  government  of  their  institution 
which  they  may  deem  expedient  for  carrying  the  design  of  the  institution  into  effect:  Pro 
vided,  That  none  of  the  by-laws  shall  be  inconsistent  with  the  constitution  and  laws  of  the 
State  or  of  the  United  States. 

SEC.  15.  Be  it  further  enacted,  That  at  a  meeting  of  the  board,  a  quorum  being  present, 
said  board  may,  in  the  absence  of  the  president,  name  one  of  its  members  chairman,  whose 
acts  shall  be  as  valid  as  the  acts  of  the  president,  and  all  acts  of  the  board,  under  such  cir 
cumstances,  shall  be  as  regular  and  effectual  as  if  the  president  had  been  present  and  presided 
over  (lie  meeting. 

SEC.  10.  Be  it  further  enacted,  That  all  the  property  belonging  to  said  institution,  or  which 
may  hereafter  belong  to  it,  be,  and  is  hereby,  exempt  from  taxation. 

SEC.  17.    Be  it  furtlnr  enacted,  That  this  act  shall  take  effect  from  its  passage. 

\\ILLIAM   IIEISKELL, 
Speaker  of  the  House  of  ffcvrettfttaftM*. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1865. 


RECONSTRUCTION TENNESSEE.  65 

CHAPTER  XXIX. 

AN  ACT  to  change  the  line  between  the  counties  of  Anderson  and  Campbell. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  county 
line  between  the  counties  of  Anderson  and  Campbell  be  so  changed  as  to  include  the  present 
residence  and  farm  of  Silas  L.  Arthur  in  the  county  of  Anderson. 

SEC.  2.  Be  it  furtfier  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGE.KS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXX. 

AN  ACT  to  incorporate  the  Cumberland  Basin  Petroleum  and  Mining  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  John  T. 
Wilder,  W.  O.  Osgood,  W.  Hunt,  William  E.  Prall,  J.  H.  Fessenden,  S.  A.  Crittenden, 
James  W.  Clark,  P.  C.  Leary,  William  McMustry,  and  Samuel  Sawyer,  and  their  associates, 
successors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  corporate,  by  the  name 
and  style  of  "The  Cumberland  Basin  Petroleum  and  Minirfg  Company,"  and  by  that  name 
shall  have  ninety-nine  years  succession,  and  shall  be  competent  to  sue  and  be  sued  in  any 
court  of  equity  or  law  whatever ;  to  have  and  use  a  common  seal,  and  to  alter  the  same  at 
pleasure ;  to  establish  and  change  any  by-laws  for  the  government  of  said  company  not 
inconsistent  with  the  constitution  and  laws  of  Tennessee  :  to  purchase,  hold,  and  dispose  of 
such  real  estate,  leases,  mines,  minerals,  iron,  coal,  oil,  salt,  and  personal  property  as  may 
be  necessary  for  the  legitimate  transaction  of  their  business ;  to  mine,  forge,  roll,  smelt, 
transport,  work,  .manufacture,  refine,  and  vend  said  minerals,  coal,  iron,  oil,  salt,  and  pro 
ducts  thereof,  and  issue  such  number  of  shares  of  the  stock  of  said  company,  at  the  repre 
sentative  par  value  thereof,  as  may  be  ordered  by  a  vote  of  said  company  ;  to  determine  the 
par  value  of  shares,  and  have  the  right  to  pay  in  shares  of  stock  of  the  corporation  for  such 
mining  interest,  or  interest  in  real  estate,  as  may  be  necessary  to  purchase  or  lease  for  the 
operation  of  the  works  of  the  company,  and  generally  to  have,  enjoy,  and  exercise  all  rights 
and  privileges  incident  to  corporations,  except  the  right  to  issue  notes  or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines  or  minerals,  lands  or  leases,  iron,  coal,  pretroleum,  or  leases,  situate  in  this  State  or 
elsewhere,  a  separate  and  distinct  interest  of  each  mine,  bed,  field,  vein,  or  deposit,  or  lease, 
may  be  created  under  some  name  to  distinguish  the  same,  and  in  like  manner  may  organize 
under  and  enjoy,  as  a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first 
section  of  this  act. 

•   SEC.  3.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  Similar  corporations  in  this  State. 

SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passao-e. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives, 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8, 1865. 

CHAPTER  XXXL 

AN  ACT  to  incorporate  the  Cumberland  Mining  and  Petroleum  Company  and  for  other 

purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Barnard 
F.  Mullins,  Edward  W.  Metcalf,  Julius  C.  Hart,  Hugh  Barns,  Alexander  J.  Mullins,  and 
their  associates  and  successors  be,  and  they  are  hereby,  created  a  body  politic  aiid  corporate 
by  the  name  and  style  of  "The  Cumberland  Mining  and  Petroleum  Company,"  and  by  that 
name  shall  have  succession  for  ninety-nine  years,  and  shall  be  capable  in  law  and  equity  to 
sue  and  be  sued,  plead  and  be  impleaded,  in  all  suits  and  proceedings  whatever,  in  any  of 
the  courts  of  this  State,  and  for  the  purpose  of  boring  for  oil  and  salt,  and  mining  for  iron, 
eoal,  copper,  and  other  mineral  or  fossil  substances  in  this  State,  and  vending  and  selling 
the  same,  and  for  erecting  buildings  and  fixtures,  and  other  improvements,  in  order  to  carry 
on  said  mining  operations,  and  said  company  may  acquire  and  hold  all  needful  machinery 
and  apparatus,  and  may  have  a  common  seal,  and  the  same  may  alter  or  change  at  pleas 
ure;  may  take,  hold,  manage,  convey  or  transfer  any  real  or  personal  estate  or  property 
5  T 


6  6  RECONSTRUCTION TENNESSEE. 

necessary  for  their  business,  or  lease  the  same ;  and  may  make  by-laws  for  the  government 
of  the  company. 

SEC.  '2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  five  hundred 
thousand  dollars,  ($500,000, )  in  shares  of  one  hundred  dollars  each,  and  the  corporators 
named  in  the  first  section  of  this  act  may  act  as  directors  in  organizing1  the  company,  and 
act  as  such  until  the  stockholders  have  a  general  meeting,  when  they  shall  elect  a  board  of 
five  directors,  and  thereafter  they  shall  elect  directors  annually  at  the  place  they  may  desig 
nate  for  business,  but  a  failure  to  elect  annually  shall  not  work  a  forfeiture  of  this  charter, 
but  the  then  existing  directors  shall  act  until  others  are  elected.  The  directors  shall  elect  one 
of  their  members  president,  and  may  appoint  a  secretary  and  treasurer,  and  such  other  officers, 
operatives,  and  agents  as  they  may  think  proper,  and  fix  their  compensation  and  wages. 

SEC.  3.  Be  it  further  enacted,  That  the  company  may  sue  any  delinquent  stockholder  for 
default  to  pay  in  his  stock,  or  any  of  it,  according  to  the  terms  of  the  subscription  or  regu 
lations  of  the  company,  or  may,  if  they  choose,  declare  forfeiture  of  such  stock,  and  may 
make  such  by-laws  and  rules  in  relation  thereto  as  are  not  inconsistent  with  the  constitution 
and  laws  of  this  State  or  of  the  United  States. 

SEC.  4.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  allow 
said  company  any  banking  privileges  whatever,  and  a  violation  of  this  charter  shall  author 
ize  the  legislature  to  alter  or  repeal  it. 

SEC.  5.  Be  it  further  enacted,  That  section  1  of  an  act  to  incorporate  "The  Raulston  Oil  and 
Slate  Company,"  passed  May  25,  1865,  be  so  amended  as  to  read  thus:  "  That  Albert  G. 
Ransom,  H.  D.  McKinney,  R.  S.  Raulston,  Hugh  L.  W.  Raulston,  W.  W.  Totten,  and 
Charles  Wescott,  and  their  associates,  successors,  and  assigns  be,  and  they  are  hereby,  con 
stituted  a  body  corporate  and  politic  by  the  name  and  style  of  '  The  Raulston  Coal,  Iron, 
Oil,  and  Salt  Company,'  and  by  that  name  and  style  shall  have  succession  for  ninety-nine 
years,  with  power  to  contract  and  be  contracted  with,  sue  and  be  sued,  plead  and  be  iin- 
pleaded,  answer  and  be  answered  unto,  in  all  courts  of  law  and  equity  in  this  State  or  else 
where  ;  to  have  and  to  use  a  common  seal  and  change  the  same  at  will ;  also,  to  buy,  lease, 
sell,  grant,  and  convey  lands  in  this  State  or  elsewhere  ;  to  explore  and  drill  for,  mine,  pump, 
and  raise  coal,  iron,  salt,  oil,  petroleum,  naptha,  asphaltum,  and  all  other  minerals  of  every 
description,  with  the  right  to  manufacture  and  refine  said  oils  and  minerals,  and  benzoin, 
burning  fluids,  dyes,  and  colors,  and  to  such  other  purposes  and  uses  as  are  now  known  or 
as  science  and  chemistry  may  hereafter  make  known  and  discover ;  also,  the  right  to  erect 
in  this  State  or  elsewhere  on  any  lands  they  may  acquire  by  purchase,  gift,  or  lease,  such 
furnaces,  rolling  mills,  machinery,  and  fixtures  as  they  may  think  proper ;  to  manufacture 
pig  metal,  rolled  iron,  and  all  other  kinds  of  manufactured  iron  or  other  metals,  as  they  may 
determine.  Also  the  right  to  transport,  sell,  and  dispose  of  all  such  oil,  coal,  iron,  salt,  and 
other  minerals,  together  with  all  such  manufactured  articles,  to  vend  at  such  places  in  this 
State,  or  elsewhere,  as  they  may  deem  most  profitable,  and  to  have  all  other  powers  proper 
and  needful  for  the  successful  prosecution  of  their  business,  and  for  the  execution  of  the 
powers  herein  granted." 

SEC.  6.  Be  it  further  enacted,  That  J.  A.  Stevens,  F.  Linck,  and  J.  M.  Wambough  be, 
and  they  are  hereby,  constituted  a  body  corporate  and  politic,  under  the  name  and  style  of 
"The  Jackson  Mining  and  Petroleum  Company,"  and  shall  have  the  same  perpetuation* 
powers,  and  privileges  granted  in  the  foregoing  sections  of  this  act,  with  the  same  succes 
sion,  rights,  and  franchises ;  and,  among  other  rights,  to  sue  and  be  sued,  to  have  and  use  a 
common  seal,  and  to  make  such  by-laws  as  shall  not  be  inconsistent  with  this  charter  and 
the  constitution  and  laws  of  the  United  States,  or  of  the  State  of  Tennessee ;  and  with 
powers  to  issue  and  sell  stock  in  shares  of  one  hundred  dollars  each,  and  the  capital  stock 
of  said  company  shall  be  two  hundred  thousand  dollars,  with  the  privilege  of  increasing  it 
to  five  hundred  thousand  dollars. 

SEC.  7.  Be  it  further  enacted,  That  so  much  of  an  act  passed  March  the  19th,  1800,  as 
refers  to  the  South  Nashville  Street  Railroad  Company,  and  that  so  much  of  said  act  passed 
February  29,  I860,  as  refers  to  the  McGavock  and  Mount  Vernon  Horse  Railroad  Company 
be,  and  the  same  are  hereby,  respectively  revived  and  amended  as  hereinafter  provided. 

SEC;.  8.  Be  it  further  enacted,  That  the  said  South  Nashville  Street  Railroad  Company 
shall  have  the  exclusive  right  of  way,  excepting  as  hereinafter  provided;  and  by  and  with 
the  consent  of  the  mayor  and  aldermen  and  council,  or  the  city  authorities  of 'Nashville, 
through  Cherry  and  College  streets  in  the  city  of  Nashville,  from  the  public  square  in  said 
city,  to  any  point  or  points  two  miles  south  of  the  southern  and  eastern  boundary  lines  of 
said  corporation,  over  which  to  constnict  two  lines  of  street  railroads;  also,  through  and 
over  Cedar,  Union,  and  Church  streets,  from  College  to  Cherry  .streets,  and  through  Franklin 
street,  or  such  other  location  as  may  In-  agreed  upon,  in  the  southern  part  uf  .said  city,  from 
Cherry  street  to  Maple  street,  and  through  Maple  street  to  its  southern  terminus. 

SEC.  9.  Be  it  further  enacted,  That  said  company  may  make  a  branch  street  railroad  from 
their  main  stem  or  trunk  to  and  through  Carroll  street  eastuanlly  to  the  Lebanon  turnpike 
road,  and  to  extend  the  same  at  will  southeastwardly  along  said  turnpike  road,  not  exceed 
ing  two  miles  from  the  corporation  line. 

SEC.  10.  Be  it  further  enacted,  That  E.  H.  East,  M.  Burns,  E.  R.  Ghtsscock,  Robert 
Thompson,  and  G.  H.  Wessel  be  added  to  the  other  commissioners  originally  named  in  the 


RECONSTRUCTION TENNESSEE  6  7 

McGavock  and  Mount  Vernon  Horse  Railroad  Company,  and  that  they,  their  associates  and 
successors,  are  hereby  constituted  said  body  politic  arid  corporate,  for  the  uses  and  purposes 
set  forth  in  said  original  charter. 

SEC.  11.  Be  it  further  enacted,  That  said  McGavock  and  Mount  Vernon  Horse  Railroad 
Company  and  the  South  Nashville  Street  Railroad  Company  shall  have  the  right  of  way  in  com 
mon  over  the  railroad  tracks  in  and  along  the  public  square  in  the  city  of  Nashville,  and  over 
the  tracks  of  said  roads,  or  either  of  them,  from  said  square  through  Cedar  street  to  Cherry, 
through  Cherry  street  to  Church  street,  through  Church  street  to  College  street,  through  Col 
lege  street  from  Church  street  to  the  public  square,  and  along  the  south  side  of  the  public 
square  to  the  suspension  bridge  piers,  and  along  the  west  side  to  Cedar  street,  and  to  use, 
build,  and  occupy  said  railroad  tracks  in  common,  and  upon  such  terms  and  conditions  as 
may  be  fair  and  equitable. 

SEC.  12.  Be  it  further  enacted,  That  said  two  street  railroad  companies  may  hereafter,  by 
and  with  the  consent  of  the  common  council,  mayor,  and  aldermen  of  the  city  of  Nashville, 
build  other  branches  to  their  respective  roads  over  and  through  such  other  streets  as  may 
hereafter  be  selected,  and  that  said  companies  may  contract  with  other  private  companies  for 
the  right  of  way  over  their  property,  and  lay  down  one  or  more  tracks  as  arms  or  branches 
to  said  railroads  to  such  point  or  points  as  may  be  agreed  upon. 

SEC.  13.  Be  it  further  enacted,  That  said  McGa^vock  and  Mount  Vernon  Horse  Railroad 
Company  shall  have  the  exclusive  right  of  way  for  a  street  railroad  over  such  streets  as  maybe 
selected  by  said  company  for  their  main  lines  and  branches,  excepting  as  hereinbefore  de 
clared  in  common  for  said  two  street  railroads. 

SEC.  14.  Be  it  further  enacted,  That  said  charters,  hereby  revived  and  amended,  shall  run 
for  fifty  years  from  and  after  its  passage,  and  that  all  acts  or  parts  of  acts  heretofore  passed 
coming  in  conflict  with  this  amended  act  be,  and  the  same  are  hereby,  repealed. 

SEC.  15.  Be  it  further  enacted,  That  Samuel  Watkins,  Wm.  R.  Elliston,  Joseph  T.  Ellis- 
ton,  John  O.  Evving,  Charles  Bosley,  John  H.  Williams,  Benjamin  Litton,  Wm.  H.  Gordon, 
R.  H.  McEwen,  and  W.  R.  Cornelius,  their  associates  and  successors,  are  hereby  constituted 
a  body  politic  and  corporate, under  the  name  of  the  West  Nashville  Street  Railroad  Company, 
and  by  that  name  may  have  succession  for  the  term  of  fifty  years,  may  sue  and  be  sued, 
plead  and  be  impleaded,  may  have  and  use  a  common  seal,  may  receive,  purchase,  and  hold 
such  personal  and  real  estate  or  property  as  may  be  necessary  for  carrying  on  the  business 
of  said  corporation,  and  the  same  to  sell  and  dispose  of  at  pleasure ;  may  make  all  needful 
by-laws  for  the  government  of  their  said  company,  not  inconsistent  with  the  laws  of  the 
United  States  or  of  this  State. 

SEC.  16.  Be  it  further  enacted,  That  said  company  is  incorporated  for  the  purpose  of  con 
structing  and  using  a  street  railroad  in  the  city  of  Nashville,  westwardly,  not  exceeding  two 
miles  from  the  corporation  boundary,  over  any  two  of  Gay,  Cedar,  Church,  and  Broad 
streets,  together  with  such  streets  running  at  right  angles  and  between  such  two  streets  as 
may  be  selected :  Provided,  The  same  shall  in  no  way  interfere  with  the  rights  and  privi 
leges  hereinbefore  granted  to  other  companies,  and  that  this  charter  is  granted  with  the  same 
rights,  privileges,  conditions,  and  restriclions  as  are  granted  and  imposed,  in  every  particular, 
u,pon  the  McGavock  and  Mount  Vernon  Horse  Railroad  Company,  passed  February  '29,  1860. 

SEC.  17.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Represcnttttttt* 
SAMUEL  R.  RQDGERS, 

Speaker  of  the  Senate. 

Passed  June  9,  1865. 


CHAPTER  XXXII. 

AN  ACT  to  incorporate  the  United  Hebrew  Brethren  Bern  fit  Society  of  Memphis. 

SECTION  1.  Be  it  further  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That 
J.  M.  Gnus,  M.  Skaller,  M.  Bren,  L.  Lyons,  J.  Heiligers,  S.  Goldbaum,  S.  Marks,  and 
others,  and  all  who  shall  hereafter  become  members  and  officers  of  the  benevolent  association 
known  by  the  name  and  style  of  the  "United  Hebrew  Brethren  Benefit  Society  of  Memphis," 
in  the  city  of  Memphis,  in  the  county  of  Shelby,  and  State  of  Tennessee,  be,  and  they  are 
hereby,  constituted  a  body  politic  and  corporate,  under  the  name  and  style  aforesaid,  witx 
full  powers  in  their  said  corporate  capacity  to  sue  and  be  sued,  plead  and  be  impleaded,  and 
hold  personal  and  real  property,  stock,  and  incorporated  hereditaments,  and  may  dispose  of 
tin-  same  in  such  manner  as  the  said  association  may  deem  most  expedient. 

SEC.  2.  Be  it  further  enacted,  That  the  said  United  Hebrew  Brethren  Benefit  Society  may 
use  a  common  seal,  and  change  the  same  at  pleasure;  and  enact,  from  time  to  time,  such 
by-laws  and  regulations  as  may  be  required  for  the  good  order  and  government  of  said 
society,  not  inconsistent  with  the  Constitution  of  the  United  States  or  the  Stare  of  Tennessee ; 
and  do  and  perform  all  other  acts  for  their  benefit  not  inconsistent  with  the  privileges  herein 
granted. 


6  8  EECONSTRUCTION — TENNESSEE. 

SEC.  3.  Be  it  further  enacted,  That  the  old  German  order  of  the  Farugari,  known  as 
Jackson  Lodge  No.  11],  he,  and  the  same  is  herehy,  incorporated,  with  the  same  powers 
and  privileges  as  conferred  by  the  other  sections  of  this  act,  and  not  inconsistent  with  the 
laws  of  the  State. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Hr.firt  srntatires. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  10,  1865. 

CHAPTER  XXXIII. 

AN  ACT  to  encourage  the  planting,  improvement,  and  other  interests  of  the  State  of  Ten 
nessee,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  ly  the  general  assembly  of  the  State  of  Tennessee,  That  Edward 
Yardly,  Thomas  B.  McElwee,  Peter  D.  Luther,  Wm.  D.  Whipple,  T.  W.  Yardly,  J.  W. 
Barker,  and  John  A.  Spooner,  be,  and  are  hereby,  incorporated  into  a  body  politic  and  cor 
porate,  and  their  successors,  under  the  corporate  name  and  style  of  the  "  Tennessee  Manu 
facturing  and  Improvement  Company." 

SEC.  2.  Be  it  further  enacted,  That' the  capital  stock  of  this  company  shall  be  two  hundred 
and  fifty  thousand  dollars,  divided  into  twenty -five  thousand  shares  often  dollars  each,  with 
the  privilege  of  increasing  the  capital  stock  to  an  amount  not  exceeding  five  million  dollars. 

SEC.  3.  Be  it  further  enacted,  That  this  company  shall  have  a  common  seal,  and  by  its 
corporate  name  and  style  shall  have  power  to  transact  all  its  business  in  its  corporate  name, 
purchase  and  lease  lands,  raise  and  manufacture  cotton,  also  oil  from  cotton  seed,  together 
with  the  mining  and  dealing  in  coal,  iron,  marble,  and  any  or  all  other  valuable  minerals : 
Provided,  This  company  shall  not  engage  in  the  business  of  banking. 

SEC.  4.  Be  it  further  enacted,  That  this  company  shall  have  full  power  and  authority  to 
open  and  make  roads,  by  rail  or  otherwise,  necessary  for  ingress  and  egress  in  its  operations 
in  shipping  their  products  to  market ;  said  company  being  at  its  own  expense  in  the  same, 
and  rendering  to  owners  of  lands — provided  said  owners  are  willing  to  dispose  of  the  lauds — 
just  compensation  for  the  right  of  way  and  land  so  appropriated. 

SEC.  5.  Be  it  further  enacted,  That  this  company  shall  have  power  to  elect  its  own  officers, 
and  establish  by-laws,  rules,  and  regulations  for  the  government  of  the  same  in  such  man 
ner  as  the  company  may  think  best ;  the  same  not  being  repugnant  to  this  act. 

SKC.  6.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  institutions  in  this  State. 

SEC.  7.  Be  it  further  enacted,  That,  with  a  view  to  the  relief  of  the  travelling  community 
generally,  and  the  incorporated  turnpike  companies  of  the  State,  permission  is  granted  said 
turnpike  companies  to  collect  tolls  at  their  several  gates;  the  proceeds  of  the  same,  after, 
paying  the  expense  of  collection,  shall  be  appropriated  to  the  repair  of  said  roads  till  the 
same  are  made  equal  to  the  requirements  of  the  original  charter,  when  this  section  shall 
cease  to  have  any  further  effect. 

SEC.  8.  Be  it  further  enacted,  That,  to  enable  the  Lebanon  and  Nashville  Turnpike  Com 
pany  to  rebuild  the  bridges  burned  by  General  Forrest's  command  across  Mill  creek  and 
Stone's  river,  said  company  shall  be  allowed  to  charge  double  tolls  so  soon  as'oue  or  both  of 
said  bridges  are  completed,  and  so  continue  until  the  gross  amount  of  the  extra  toll  hereby 
allowed  shall  create  a  fund  sufficient  to  discharge  the  debts  incurred  in  rebuilding  said 
bridges,  and  no  longer,  when  the  provisions  of  this  section  shall  cease. 

SEC.  9.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  />Y/>/v>v  nt/rtives. 
SAMUEL  R.  RODGERS, 

Speaker  oftiie  Senate. 

Passed  June  9,  1865. 

CHAPTER  XXXIV. 
AN  ACT  to  incorporate  the  New  York  and  Tennessee  Petroleum  and  Mining  Company. 

SECTION  1.*  Be  it  enacted  %  the  general  aaaewhly  of  the  State  of  Tennessee,  That  E.  A. 
Stillmnn,  L.  B.  Ostrander,  IVtcr  Dick,  Joseph  S.  Rains,  M.  L.  Parkhurst,  T.  8.  Briscoe, 
Edgar  Hyke,  Patrick  Lavelle,  Joseph  Cochnnn,  and  C.  J.  Hall,  (of  whom  the  first  five  shall 
constitute  the  directors  for  the  first  year,)  be,  and  they  are,  together  with  their  associates, 
successors,  and  assigns,  hereby  constituted  a  body  politic  and  corporate,  by  the  name  of 
"The  New  York  and  Tennessee  Petroleum  and  Mining  Company,"  for  the  purpose  of  ex- 


RECONSTRUCTION — TENNESSEE.  69 

ploring  for  petroleum,  rock  oil,  coal  oil,  salt,  volatile  substances,  and  all  ores,  minerals,  and 
metals,  and  for  mining,  pumping,  or  obtaining  by  any  other  process,  refining  and  vending 
the  same,  and  for  such  purposes  may  have  and  hold  in  fee  simple,  or  for  a  term  of  years,  real 
or  personal  estate ;  may  mortgage,  transfer,  or  convey  the  same ;  may  purchase,  construct, 
or  erect  all  necessary  buildings,  apparatus,  roads,  &c.,  for  conducting  their  operations;  may 
have  a  common  seal,  and  alter  or  renew  the  same  at  pleasure ;  enjoy  all  the  privileges  and 
immunities  of  similar  corporations,  and  by  that  name  may  sue  and  be  sued,  plead  and  be 
impleaded,  appeal,  prosecute,  and  defend  in  suits  and  actions,  in  any  court  of  law  or  equity 
in  this  or  any  other  State ;  may  make  such  by-laws,  rules,  and  regulations  for  accomplishing 
the  objects  of  the  corporation  as  may  be  deemed  best  from  time  tcrtiine  by  a  majority  of  the 
board  of  directors :  Provided,  Such  by-laws,  rules,  and  regulations  do  not  conflict  with  the 
spirit  and  letter  of  this  charter,  the  Constitution  and  laws  of  the  United  States,  or  of  the 
State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  at  any  time  within  five  years  from  the  passage  of  this 
act  a  majority  of  the  above  named  persons  may  meet  in  the  city  of  Nashville,  and  after 
accepting  this  charter  may  proceed  to  open  books  for  the  subscription  of  stock. 

SEC.  3.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  consist  of  not 
less  than  fifty  nor  more  than  five  hundred  thousand  dollars,  to  be  divided  into  such  number 
of  shares  as  the  board  of  directors  may  determine. 

SEC.  4.  Be  it  further  enacted,  That  when  twenty  per  cent,  of  the  stock  shall  be  subscribed 
for,  and  as  much  as  ten  per  cent,  in  cash,  or  real  or  personal  estate  in  fee  or  leasehold  (the 
value  of  the  same  to  be  determined  and  agreed  upon  by  the  board  of  directors)  shall  be  paid 
into  the  treasury  of  the  company,  or  be  in  its  legal  possession,  the  board  shall  proceed  to 
elect  a  president,  secretary,  treasurer,  and  such  other  officers  as  they  may  see  fit. 

SEC.  ;">.  Be  it  further  enacted,  That  the  directors  shall  require  books  to  be  kept  containing 
the  names  of  the  stockholders,  the  amount  of  their  subscription,  payments,  transfers  of  stock, 
and  every  fact  relating  to  the  stock,  which,  at  all  reasonable  times,  shall  be  subject  to  the 
inspection  of  any  and  every  stockholder. 

SEC.  6.  Be  it  further  enacted,  That  each  stockholder  shall  be  entitled  to  a  certificate,  or 
certificates,  of  the  stock  he  or  she  may  own,  which  certificate  shall  be  signed  by  the  presi 
dent  and  secretary  of  the  company,  and  stamped  with  its  seal. 

SEC.  7.  Be  it  further  enacted,  That  no  transfers  of  stock  shall  be  valid,  until  such  transfer 
is  registered  onthe  books  of  the  company  by  the  prescribed  officer  or  regular  transferring  agent. 

SEC.  8.  Be  it  further  enacted,  That  the  chief  office  of  the  company  shall  be  at  Nashville, 
but  the  directors  may  establish  a  branch  office  at  the  field  of  operations,  and  elsewhere,  if 
the  interests  of  the  company  are  deemed  to  require  it. 

SEC.  9.  Be  it  further  enacted,  That  the  directors  of  the  company  shall  not  be  less  than  five 
in  number,  and  after  the  first  year  shall  be  chosen  by  the  stockholders. 

SEC.  10.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  allow 
banking  privileges  under  this  corporation. 

SEC.  11.  Be  itfuither  enacted,  That  for  any  violation  of  this  charter  the  legislature  may 
alter,  change,  or  repeal  this  act. 

SEC.  1&  Be  it  further  enacted,  That  C.  Hamburgh,  Thomas  Hays,  Sol.  Barber,  Jack  Huff 
man,  James  Killeben,  Moses  Oldburn,  and  M.  D.  Davin,  of  the  county  of  Montgomery,  be, 
and  they  are  hereby  constituted,  a  body  politic  and  corporate,  by  the  name  of  "The 
Montgomery  and  Cumberland  River  Coal  and  Oil  Company,"  with  all  the  rights,  powers, 
and  privileges  that  are  hereby  granted  to  "The  New  York  and  Tennessee  Petroleum  and 
Mining  Company." 

SEC.  13.  Be  itjurther  enacted,  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Eepresentatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  10,  1865. 


CHAPTER  XXXV. 
AN  ACT  to  re-charter  the  Tennessee  Marine  and  Fire  Insurance  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Joseph 
Vaulx,  \Vm.  T.  Berry,  Samuel  J.  Carter,  Joseph  B.  Knowles,  Samuel  Watkins,  John  M.  Hill, 
James  A.  McAllister,  or  any  three  of  them,  be,  and  are  hereby,  authorized  to  open  subscrib- 
tions  in  Nashville,  for  the  capital  stock  of  said  company,  on  Monday,  the  25th  day  of  June 
next,  and  keep  them  open  every  day  between  the  hours  of  10  a.  m.  and  4  p.  m.,  until  Saturday, 
4  o'clock  p.  m.,  the  30th  day  of  the  same  mouth :  Provided,  The  present  stockholders  in  said 
company  shall  have  the  right  to  subscribe  for  stock  not  exceeding  the  amount  now  held  by 
them  in  said  company ;  and  the  subscribers  to  the  stock  of  the  company,  and  their  success 
ors,  shall  be,  and  they  are  hereby  declared  to  be,  a  body  politic  and  incorporate,  by  the  name 
and  style  of  the  "Tennessee  Marine  and  Fire  Insurance  Company,"  and  by  that  name  shall 


70  RECONSTRUCTION — TENNESSEE. 

so  continue  until  the  first  day  of  January,  eighteen  hundred  and  ninety-five,  and  be  capable 
in  law  to  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be  answered,  defend  and  be 
defended,  in  all  courts  of  law  and  equity,  or  elsewhere;  and  to  make  and  use  a  common  seal, 
and  the  same  to  alter  or  renew  at  their  pleasure;  and  generally  to  do  and  perform  all  things 
relative  to  the. objects  of  this  institution  which  now  is  or  shall  be  lawful  for  any  individual  or 
body  politic  or  corporate  to  do. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  this  company  shall  be  one  hundred 
thousand  dollars,  to  be  increased  at  the  pleasure  of  the  stockholders,  not  to  exceed  three  hun 
dred  thousand  dollars,  divided  into  shares  of  fifty  dollars  each:  fifteen  dollars  on  each  share 
shall  be  paid  at  the  time  ofsubscribiug,  arid  ten  dollars  on  each  share  shall  at  the  same  time  be 
secured  by  negotiable  notes  with  security,  to  be  approved  by  the  president  and  directors, 
payable  in  one  of  the  banks  of  Nashville,  in  ninety  days  from  the  date,  to  the  president, 
directors  and  company  of  said  "Tennessee  Marine  and  Fire  Insurance  Company:"  the 
balance  of  said  stock  shall  be  secured  by  notes  not  having  more'  than  six  months  to  run,  with 
personal  security,  to  be  approved  by  the  president  and  directors. 

SEC.  3.  Be  it  further  enacted,  That  so  soon  as  five  hundred  shares  are  subscribed  for  and 
paid,  or  secured  to  be  paid,  the  company  shall  be  competent  to  transact  all  kinds  of  business 
for  which  it  is  established ;  and  it  shall  be  lawful  for  the  stockholders  to  meet  as  hereafter 
directed  and  choose  their  directors. 

SEC.  4.  Be  it  further  enacted,  That  said  corporation  is  hereby  authorized  and  empowered 
to  hold,  possess,  and  acquire,  and  the  same  to  sell  and  convey,  all  such  real  estate  as  may  be 
necessary  for  the  transaction  of  its  business,  or  which  may  be  conveyed  to  said  company  for 
the  security  of  any  debt  which  may  become  due  or  owing,  or  in  satisfaction  of  any  judgment 
or  decree  rendered  in  favor  of  said  company,  and  may  make  such  regulations  as  may  be 
necessary  and  proper  for  the  good  government  of  said  company. 

SEC.  5.  Be  it  further  enacted,  That  the  said  Tennessee  Marine  and  Fire  Insurance  Com 
pany  shall  have  full  power  and  authority  to  make  insurances  on  ships  and  other  sea  vessels, 
and  upon  steamboats,  flat-boats,  and  other  river  boats  ;  upon  freight,  seamen's  wages,  wares, 
and  merchandise,  and  gold  and  silver,  bullion,  or  money,  against  all  maritime  risks  of  the 
rivers,  seas,  or  lakes  ;  and  upon  houses,  stores,  and  other  buildings,  goods,  wares,  merchan 
dise,  furniture,  and  other  articles  against  fire,  and  upon  bottomry  and  respondentia,  and  fix 
a  premium  thereon.  And  the  said  company  shall  have  power — first,  to  take  insurance  on 
lives ;  second,  to  receive  and  hold  land  under  grants,  with  general  or  special  covenants, 
so  far  as  the  same  may  be  necessary  for  the  transaction  of  their  business ;  or  when  the 
same  may  be  taken 'in  payment  of  debts  due  the  company,  or  purchased  upon  sale  made 
under  any  law  of  this  State,  so  far  as  the  same  may  be  necessary  to  protect  the  rights  of  said 
company,  and  the  same  again  to  sell,  convey,  and  dispose  of;  and  generally  to  do  and  per 
form  all  other  things  necessary  to  promote  these  objects. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  be  lawful  for  said  company  to  invest  any  part 
of  its  capital  stock,  money,  fund,  or  other  property,  'in  any  public  stock  or  funded  debt, 
created  or  to  be  created,  by  or  under  any  laws  of  the  United  Stales  or  this  (or  any  other) 
State,  or  in  the  stocks  of  any  chartered  bank  in  this  State  or  of  the  United  States,  and  the 
same  to  sell  or  transfer  at  pleasure ;  and  again,  to  invest  the  same  whenever  and  so  often  as 
the  exigencies  of  said  company  or  a  due  regard  for  the  safety  of  its  funds  shall  require;  or 
they  may  loan  the  same,  or  any  part  thereof^  to  individuals  or  public  corporations,  on  real  or 
personal  security,  for  such  periods  of  time  as  the  directors  for  the  time  being  shall  deem  pru 
dent  and  best  for  the  interests  of  said  company. 

SEC.  7.  Be  it  further  enacted,  That  the  real  and  personal  estate,  business,  property,  and 
fund  of  said  company,  and  the  administration  of  its  affairs,  shall  be  under  the  direction, 
management,  and  control  of  a  board  of  eleven  directors,  each  of  whom  shall  be  owners  in 
their  own  names  of  not  less  than  ten  shares  of  the  capital  stock  of  said  company,  citizens  of 
the  United  States  and  of  this  State. 

SEC.  8.  Be,  it  further  enacted,  That  an  election  shall  be  held  after  the  first  election,  for  the 
board  of  directors  for  said  company,  at  the  office  of  said  company  in  Nashville,  on  the  first 
Monday  in  October  in  each  year  and  every  succeeding  year,  of  which  ten  days'  notice  shall 
be  given  in  at  least  two  of  the  newspapers  printed  in  Nashville,  each  shareholder  giving  one 
vote  for  each  share  of  which  he  or  she  may  be  the  owner,  but  no  shareholder  shall  be  entitled 
to  more  than  thirty-five  votes ;  and  the  persons  so  elected  shall  serve  as  directors  for  the  next 
succeeding  twelve  mouths  ;  and  if  at  any  time  an  election  shall  not  be  held  as  herein  pro 
vided,  the  said  company  shall  not  be  dissolved  ;  but  the  hoard  of  directors  for  the  time  being 
shall  serve  until  another  election  takes  place,  which  mav  bo  at  anytime  thereafter,  the  board 
for  the  time  being  giving  at  least  ten  days'  notice  thereof  in  two  of  the  newspapers  printed  at 
Nashville;  and  the  said  directors  are  hereby  authorized  to  fill  any  vacancy  that  may  happen 
through  death,  resignation,  or  otherwise. 

SEC.  9.  Be  it  further  enacted,  That  the  directors  so  elected  shall  elect  one  of  their  body 
president  of  said  company,  who  shall  serve  until  the  next  annual  election;  and  in  case  of  his 
death,  resignation,  or  removal,  the  board  shall  appoint.a  president  pro  tenipore ;  they  shall  fill 
all  vacancies  which  mny  occur  in  their  own  body,  and  shall  appoint  a  secretary,  and  all  sub 
ordinate  officers,  clerks,  agents,  and  servants  of  said  company;  fix  their  compensation,  define 
their  powers,  and  prescribe  their  duties ;  who  shall  hold  their  offices  during  the  pleasure  of 
the  board. 


RECONSTRUCTION — TENNESSEE.  71 

SEC.  10.  Be  it  further  enacted,  That  the  president  and  four  directors,  or  five  directors  in  the 
absence  of  the  president,  shall  constitute  a  quorum  to  transact  business  for  said  company. 
The  board  of  directors  shall  have  full  power  and  authority  to  establish  agencies  in  this  State, 
and  any  other  State  or  States,  appoint  agents  and  other  assistants  fortonducting  the  business 
of  the  same,  and  prescribe  the  mode  and  amount  of  their  compensation ;  to  appoint  from 
their  own  body,  risk  and  other  committees,  and  establish  by-laws  and  other  regulations 
deemed  necessary  for  the  proper  management  of  the  business  of  said  company. 

SEC.  11.  Be  it  further  enacted,  That  the  stock  of  said  company  shall  be  held  and  considered 
personal  property,  and  it  shall  not  be  assigned  or  transferred,  except  on  the  books  of  the 
company,  and  with  the  assent  of  two-thirds  of  the  directors,  and  in  the  manner  and  forms 
which  shall  be  prescribed  by  the  board  of  directors ;  yet  such  stock  to  be  liable  for  the  satis 
faction  of  debts,  as  prescribed  by  law. 

SEC.  12.  Be  it  further  enacted,  That  on  the  first  Mondays  of  October  and  April  of  each  year 
half-yearly  statements  shall  be  made  exhibiting  a  true  statement  of  the  condition  of  the  com 
pany,  which  shall  be  laid  before  the  stockholders,  and  such  dividends  may  be  made  as  the 
president  and  directors  may  deem  advisable,  but  they  shall  in  no  case  diminish  the  capital  stock. 

SEC.  13.  Be  it  further  enacted,  That  if  at  any  time  a  stockholder  shall  fail  to  pay  such 
instalments  on  his  stock  as  may  be  called  for  at  the  time  and  in  the  manner  prescribed,  the 
board  of -directors,  for  the  time  being,  shall  have  full  power  to  declare  such  stock  forfeited, 
and  shall,  after  giving  ten  days'  notice  thereof,  offer  the  same  for  sale,  at  public  auction,  to 
the  highest  bidder,  for  cash,  and  the  number  of  shares  so  sold  shall  be  transferred  by  the 
president  of  the  board  of  directors  to  the  highest  bidder,  who  shall,  by  virtue  of  such  transfer, 
become  a  member  of  said  company,  and  if  the  sum  bid  be  not  equal  to  the  amount  paid  and 
the  call  for  which  it  is  sold,  the  company  may  proceed  to  collect  the  residue  from  the  original 
stockholder  by  suit  in  any  court  or  tribunal  of  this  State  having  jurisdiction  thereof. 

SEC.  14.  Be  it  further  enacted,  That  the  board  of  directors  shall  have  the  power  at  any 
time,  when,  in  their  opinion,  the  interest  of  the  company  requires  it,  to  demand  of  any  stock 
holder  additional  security  for  such  part  of  his  stock  as  may  remain  unpaid,  and  if  such  stock 
holder  fail  or  refuse  to  give  such  additional  security  to  the  satisfaction  of  the  board  of  directors, 
they  may  declare  such  stock  forfeited,  and  sell  the  same  as  provided  for  in  the  preceding  section. 

SEC.  15.  Be  it  further  enacted,  That  so  soon  as  the  amount  of  stock  mentioned  in  the  third 
section  of  this  act  is  subscribed  for,  and  after  five  days'  notice  in  two.  of  the  newspapers 
published  in  Nashville,  signed  by  any  three  members  of  the  company,  the  stockholders  shall 
meet  at  such  time  and  place  as  may  be  appointed  within  the  city  of  Nashville,  and  elect,  by 
ballot,  the  first  board  of  directors — a  plurality  of  votes  given  shall  elect — and  the  persons  so 
elected  shall,  at  their  first  meeting,  elect  one  of  themselves  president  of  the  board,  who,  with 
said  directors,  shall  serve  until  the  first  Monday  in  October,  1866,  and  until  another  board  of 
directors  is  elected. 

SEC.  16.  Be  it  further  enacted,  That  no  stockholder  or  member  of  this  company  shall  be 
answerable  in  his  person  or  individual  property  for  any  contract  or  agreement  of  said  com 
pany,  or  for  any  losses,  deficiencies,  or  failures  of  the  capital  stock  of  this  company,  but  the 
whole  of  said  capital  stock,  together  with  all  property,  rights,  and  credits  belonging  thereto, 
and  nothing  more,  shall,  at  any  time,  be  answerable  for  the  demands  against  said  company : 
Provided,  That  any  director,  or  directors,  who  shall  sanction  or  aid  in  the  continuance  of 
said  company  after  it  shall  become  insolvent  and  unable  to  meet  its  liabilities,  and  said  fact 
known  to  the  directors,  shall  be  held  personally  responsible  for  all  deposits  thereafter  made, 
or  liabilities  thereafter  incurred,  by  said  company. 

SEC.  17.  Be  it  further  enacted,  That  nothing  herein  contained  shall  be  so  construed  as  to 
give  the  company  hereby  created  the  power  of  issuing  bills  of  credit  or  exercising  banking 
privileges. 

SEC.  18.  Be  it  further  enacted,  That  nothing  herein  contained  shall  be  so  construed  as  to 
prevent  the  legislature  from  granting  similar  powers  and  privileges  to  similar  associations. 

SEC.  19.  Be  it  further  enacted,  That  the  company  hereby  created  shall  have  all  the  rights 
and  privileges  that  belong  by  existing  laws  or  that  may  hereafter  be  granted  to  other  insur 
ance  companies  of  this  State. 

SEC.  20.  Be  it  further  enacted,  That  should  the  requisite  amount  of  stock  not  be  subscribed 
by  the  time  specified  in  section  one,  those  appointed  to  open  .subscriptions,  or  any  three  of 
them  may,  from  time  to  time,  re-open  books  for  the  subscription  of  stock  in  this  company, 
until  the  proper  amount  be  taken :  Provided,  The  time  allowed  for  said  subscriptions  shall 
terminate  on  the  first  day  of  December  next. 

SEC.  21.  Be  it  further  enacted,  That  a  bonus  to  the  State  of  half  of  one  per  centum  upon 
their  capital  be  paid  for  the  use  of  common  schools  in  the  State  of  Tennessee. 

SEC.  22.  Be  it  further  enacted,  That  the  law  requiring  the  Union  Insurance  Company  and 
the  Life  Insurance  Company,  called  "The  East  Tennessee  Mutual  and  Trust  Company," 
to  deposit  with  the  comptroller  of  the  State  twenty  thousand  dollars  of  six  per  cent,  bonds  of 
the  State  be,  and  is  herebv,  repealed. 

SEC.  23.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Passed  June  10,  1865.  Speaker  of  the  Senate. 


72  RECONSTRUCTION — TENNESSEE. 

Resolutions. 

NUMBER  I. 
JOINT  RESOLUTION  to  compare  the  vote  for  governor. 

Resolvedly  the  general  assembly  of  the  State  of  Tennessee,  That  the  two  houses  meet  in  the 
representatives' hall,  on  luesday  the  4th  instant,  for  the  purpose  of  comparing  the  vote  cast 
m  the  election  for  governor,  held  on  the  4th  day  of  March,  M>5,  in  the  State  of  Tennessee 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Adopted  April  4,  18G5.  8ptalur  °f  the  Senate' 


NUMBER  II. 
A  JOINT  RESOLUTION  of  respect  to  the  memory  of  Hon.  Samuel  K.  McCammon. 

1.  Resolved  by  the  general  assernUy  of  the  State  of  Tennessee,  That  we  deeply  regret  the 
death  ot  lion.  Samuel  McCammon,  joint  representative  from  the  counties  of  Knox  and  Sevier  • 
that  m  his  death  this  body  has  lost  an  experienced  and  useful  member,  the  State  a  <rood 
citizen,  the  government  a  firm  and  ardent  supporter. 

2.  Resolved,  That  we  sympathize  with  his  bereaved  wife  and  children,  and   as  a  token  of 
respect  for  his  memory,  that  we  wear  the  usual  badge  of  mourning  for  thirty  days 

3.  Resolved,  That  a  copy  of  these  resolutions  be  forwarded  to  his  widow,  and  the  same  be 
spread  on  the  journal  of  this  house. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives 
SAMUEL  R.  RODGERS 

Adopted  April  4,  1865.  ^er  °f  **  Senate' 

NUMBER  III. 

SENATE  RESOLUTION  to  print  rules  for  its  government. 

Resolved,  That  one  hundred  copies  of  the  rules  of  1859  and  1860,  adopted  on  yesterday 
be  published  for  the  use  of  the  senate.  y 

SAMUEL  R.  RODGERS, 

Adopted  April  4,  1865.  Speak*r  °f  th°  Senate' 

NUMBER  IV. 
SENATE  RESOLUTION  fixing  number  of  papers  to  be  taken  by  members. 

Resolved,  That  the  members  of  the  senate  select  each  three  of  the  daily  papers  of  this 
city  and  no  more,  and  that  the  same  be  paid  for  out  of  the  State  treasury. 

SAMUEL  R.  RODGERS, 
Adopted  April  4,  1865.  Speaker  °fthe  Senate' 

NUMBER  V. 
SENATE  RESOLUTION  inviting  General  Thomas  to  a  seat  in  the  senate. 

Resolved,  That  Major  General  George  H.  Thomas  be  invited  to  visit  the  senate   and  that 
committee  of  three  be  appointed  to  notify  him  of  this  invitation. 

SAMUEL  R.  RODGERS, 

A  ,  Speaker  of  the  Senate. 

Adopted  April  4,  1865. 


RECONSTRUCTION TENNESSEE.  73 

NUMBER  VI. 
SENATE  RESOLUTION  to  open  the  senate  with  prayer. 

Resolved,  That  the  daily  proceedings  of  the  senate  shall  be  opened  by  prayer,  and  to  this 
end  the  speaker  be  authorized  to  invite  the  loyal  clergymen  present  in  the  city  to  officiate. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  4,  1865. 


NUMBER  VII. 
JOINT  RESOLUTION  to  notify  the  governor  of  his  election. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  two  be  ap 
pointed  on  the  part  of  the  senate,  and  such  committee  as  the  house  of  representatives  may 
appoint,  to  notify  his  excellency,  Governor  William  G.  Brownlow,  of  his  election  as  gover 
nor  of  the  State  of  Tennessee,  and  request  him  to  designate  what  time  will  suit  him  to  be 
inaugurated. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  4,  1865. 

NUMBER  VIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  inaugurate  the  governor. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  will  meet  the 
house  of  representatives  in  the  hall  of  the  latter  at  11  o'clock  a.  m.f  on  to-morrow,  to  parti 
cipate  in  the  inauguration  ceremonies. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  tlie  Senate. 
Adopted  April  5,  1865.        • 

NUMBER  IX. 

JOINT  RESOLUTION  adopting  the  amendments  of  the  Constitution  of  the  United  States 

abolishing  slavery. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  amendments  of  the 
Constitution  of  the  United  States  proposed  by  the  Congress  of  the  United  States  on  the  first 
day  of  February,  1865,  in  the  words  and  figures  following,  to  wit: 

" Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  in  Congress  as 
sembled,  (two-thirds  of  both  houses  concurring,)  That  the  following  article  be  proposed  to 
the  legislatures  of  the  several  States  as  an  amendment  to  the  Constitution  of  the  United 
States,  which,  when  ratified  by  the  legislatures  of  three-fourths  of  said  States,  shall  be  valid, 
to  all  intents  and  purposes  as  a  part  of  the  Constitution,  namely: 

"ARTICLE   VIII. 

"SECTION  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted,  shall  exist  within  the  United  States  or 
any  place  subject  to  their  jurisdiction. 

"SEC.  2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legislation. 

"  A.  LINCOLN. 
"Approved  February  ],  1865." 

Be,  and  the  same  is  hereby,  ratified  as  a  part  of  the  Constitution  of  the  United  States  of 
America. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  5,  1865. 


74  RECONSTRUCTION — TENNESSEE. 


NUMBER  X. 

A  JOINT  RESOLUTION  tendering  the  thanks  of  the  general  assembly  of  the  State  of 

Tennessee  to  Gen.  Thomas. 

WHEREAS,  The  major  general  commanding  the  department  of  the  Cumberland  has  directed 
Brevet  Brigadier  General  Donaldson,  chief  quartermaster,  to  give  free  transportation  on 
United  States  military  railroads  to  senators  and  representatives  of  the  State,  and  the  quarter 
master  has  requested,  in  writing,  that  the  information  be  furnished  to  him :  therefore, 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  the  general 
assembly  of  the  State  of  Tennessee  are  hereby  tendered  to  Major  General  Thomas,  com 
manding,  for  his  kindness  and  liberality ;  and  that  the  clerk  of  the  senate  furnish  to  Brevet 
Brigadier  General  Donaldson  a  list  of  the  names  of  the  senators,  and  that  the  clerk  of  the 
house  furnish  a  list  of  the  names  of  the  members  of  the  house  and  their  officers  and  reporters, 
in  compliance  with  his  request. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  10,  1865. 


NUMBER  XI. 

JOINT  RESOLUTION  tendering  the  thanks  of  the  loyal  people  of  Tennessee  to  the  legis 
lature  of  Ohio. 

Whereas  the  legislature  of  Ohio  did,  on  the  31st  day  of  March,  1864,  pass  a  joint  reso 
lution  instructing  their  senators  and  requesting  their  representatives  in  Congress  to  use  their 
influence  to  have  enacted  proper  laws  to  feed,  clothe,  and  furnish  transportation  to  the  desti 
tute  people  of  East  Tennessee,  who  by  the  ravages  of  war  were  compelled  to  leave  their 
homes  and  seek  homes  in  a  strange  land  amongst  strangers ;  and  whereas  said  resolution 
was,  in  the  opinion  of  the  people,  of  East  Tennessee,  one  of  the  legitimate  offsprings  of  the 
patriotism  and  love  of  country  of  the  gallant  and  self-sacrificing  people  ,,f  Ohio,  and  strength 
ened  the  bonds  of  friendship  and  brotherly  love  existing  between  the  loyal  people  of  Ten 
nessee  and  Ohio :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  the 
loyal  people  of  the  State  of  Tennessee  are  hereby  tendered  to  the  legislature  of  Ohio  for  this 
manifestation  of  their  confidence  and  esteem,  and  for  this  Christian  and  patriotic  offer  to 
relieve  the  destitute  of  our  State. 

Resolved,  That  the  secretary  of  State  be,  and  he  is  hereby,  instructed  to  transmit  imme 
diately  a  copy  of  this  preamble  and  resolutions  to  the  secretary  of  state  of  Ohio,  with  a 
request  that  he  lay  the  same  before  the  legislature  of  said  State  now  in  session. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Adopted  April  11,  1865. 


NUMBER  XII. 

JOINT  RESOLUTION  directing  the  State  treasurer  to  pay' to  members  of  the  legislature 

the  amount  due  them. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  acting  treasurer  of  the 
State  pay  to  each  member  of  the  senate  and  house  of  representatives,  and  the  officers  thereof, 
the  amount  that  may  be  due  them  when  they  apply  for  the  same,  and  take  a  receipt  for  the 
same,  which  shall  be  good  at  the  close  of  the  session  in  the  settlement  of  their  accounts. 

WILLIAM    1 1  Kl SKULL, 
Speaker  of  tin-  llomn-  of  /.Y/m,w  iitatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  11,  1865. 


RECONSTRUCTION TENNESSEE.  75 

NUMBER  XIII. 
JOINT  RESOLUTION  to  elect  a  secretary  of  state. 

Whereas  a  vacancy  has  occurred  in  the  office  of  secretary  of  state :  Therefore, 
Resolved  by  the  general  assembly  of  the  State  of  Tenncsste,  That  the  senate  and  house  of 
representatives  meet  in  convention  in  the  representative  hall,  on  Monday,  the  17th  day  of 
April,  at  2  o'clock,  p.  m.,  to  fill  said  vacancy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XIV. 
JOINT  RESOLUTION  to  raise  a  committee  on  the  State  library. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  joint  committee  be  ap 
pointed  on  the  State  library,  two  on  behalf  of  the  senate  and  three  on  behalf  of  the  house  of 
representatives. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XV. 

JOINT  RESOLUTION  to  appoint  a  joint  committee  of  the  two  houses  to  report  joint  rules 
and  regulations  for  the  government  of  both  houses. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  speaker  of  the  senate 
appoint  a  committee  of  three,  to  act  in  conjunction  with  such  committee  as  may  be  appointed 
on  the  part  of  the  house  of  representatives,  to  report  joint  rules  and  regulations  for  the  govern 
ment  of  the  two  houses. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XVI. 
JOINT  RESOLUTION  to  raise  a  joint  committee  to  redistrict  the  State. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  five  on  the 
part  of  the  senate,  and  such  number  as  the  house  of  representatives  may  appoint,  shall  con 
stitute  a  joint  committee,  who  shall  report  a  bill  redistricting  the  State  for  members  of  Con 
gress,  and  senators  and  representatives  to  the  State  legislature,  as  required  by  law. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XVII. 

JOINT  RESOLUTION  to  appoint  a  committee  to  investigate  the  past  and  present  condition 
and  management  of  the  penitentiary. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  committee  on  the  peni 
tentiary  be,  and  they  are  hereby,  constituted  a  joint  committee  to  investigate  the  past  and 
present  condition  and  management  of  the  penitentiary,  and  that  they  be  authorized  to  send 
for  persons  and  papers. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  April  14,  1865.  Speaker  of  the  Senate. 


76  RECONSTRUCTION — TENNESSEE. 


NUMBER  XVIII. 

JOINT  RESOLUTION  appointing  a  committee  to  report  what  action  should  be  had  with 
reference  to  the  death  of  President  Abraham  Lincoln. 

Whereas  the  members  of  the  general  assembly  have  learned  with  sadness  and  sorrow  of 
the  melancholy  death,  by  assassination,  of  Abraham  Lincoln,  late  President  of  the  United 
States,  therefore  be  it — 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  there  be  a  joint  committee, 
of  five  in  the  senate  and  five  in  the  house  of  representatives,  to  be  appointed  by  the  re 
spective  speakers,  to  take  into  consideration  and  report  what  action  should  be  taken  by  the 
legislature  on  the  mournful  and  sorrowful  occasion. 

WILLIAM  HELSKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  17,  1865. 

NUMBER  XIX. 

JOINT  RESOLUTION  expressing  the  sense  of  the  general  assembly  on  the  death  of  Presi 
dent  Abraham  Lincoln. 

Whereas  the  death  of  Abraham  Lincoln,  President  of  the  United  States,  in  the  full  vigor 
of  his  physical  and  mental  faculties,  by  the  hand  of  an  assassin,  is  a  bereavement  that  ex 
tends  to  all  parts  of  the  nation ;  and  particularly  does  it  affect  the  people  of  those  States 
who  have  for  years  been  suffering  from  the  weight  of  military  rule,  made  necessary  by  the 
rebellion,  and  who  were  endeavoring  to  restore  their  political  relationship  to  the  government 
of  the  United  States  ; 

Whereas,  in  his  death,  the  nation  mourns  the  loss  of  one  of  her  most  gifted  and  worthy 
sons — the  "highest  officer,  the  President,  and  slain  because  he  was  the  President  of  the 
United  States,  it  is  right  and  proper  that  the  general  assembly  of  the  State  of  Tennessee 
should  express,  as  such,  in  an  appropriate  manner,  its  sorrow  at  his  death  ;  its  condemna 
tion  of  the  assassin  who  committed  it,  and  the  men  who  plotted  the  hellish  deed ;  its  appre 
ciation  of  the  high  intellectual,  moral,  and  social  qualities  which  ever  characterized  his  pri 
vate  life  ;  and  its  approval  of  the  large-hearted  patriotism  which  marked  his  administration, 
showing  that  his  course  of  action  was  impelled  by  humanity,  rather  than  calculation ; 

Whereas  the  laborious  duties  of  the  executive  office  during  the  trying  times  of  the  great 
rebellion  gave  ample  scope  to  a  heart  full  of  sympathy  and  warm  affections.  As  President, 
Le  had  a  wide  field  for  manly  action.  There  was  displayed  his  love  of  the  right  and  his 
scorn  for  the  wrong.  Here  his  large-heartedness  was  made  conspicuous,  and  his  generosity 
and  charity  bore  fruit.  He  was,  as  President,  a  model.  The  honors  he  coveted  were  hon 
orable.  With  a  wise  and  lofty  patriotism,  unsurpassed  by  any,  he  applied  the  powers  of  his 
great  mind  to  work  out  the  true  principles  upon  which  the  union  of  the  States  could  be  pre 
served.  The  measures  proposed  were  as  nothing,  unless  they  were  calculated  to  accomplish 
the  end  so  earnestly  desired.  His  recommendations  were  always  directed  towards  its  main 
tenance,  and  were  uniformly  enforced  with  a  facility  and  aptness  of  illustration  which  seemed 
inexhaustible ; 

Whereas  Abraham  Lincoln's  originality  of  manner,  his  humor,  wit,  sarcasm,  and  wondrous 
powers  of  ridicule,  were  weapons  particularly  his  own,  which  no  one  else  could  imitate.  Add 
to  these  qualities  courage,  will,  and  indomitable  persistency  of  purpose,  which  never  flagged 
or  faltered,  and  he  was  a  power  felt  and  acknowledged  by  the  nation.  Take  him  all  in  all, 
it  will  be  long  ere  we  look  upon  his  like  again  ; 

Whereas  he  is  dead ;  but  the  days  of  his  pilgrimage,  although  in  troublesome  times,  were 
full  of  honor,  love,  and  troops  of  friends.  The  nation  mourns.  Peace  be  with  him.  There 
fore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That,  in  the  death  of  Abra 
ham  Lincoln,  President  of  the  United  States,  we  wo  urn  in  heart-felt  sorrow  the  loss  of  the 
nation. 

Resolved,  That  in  token  of  his  memory  we  wear  the  usual  badge  of  mourning,  and  that 
our  respective  halls  be  draped  in  the  habiliments  of  woe. 

Resolved,  That  we  cannot  find  language  strong  enough  to  express  our  condemnation  of 
the  assassin  who  performed,  ami  the  conspirators  who  plotted,  the  deed,  and  heartily  de 
sire  that  they  meet  a  speedy  and  deserved  punishment. 

Resolved,  That  we  deeply  condole  with  the  family  of  the  deceased  in  this  the  hour  of 
their  great  bereavement,  and  fully  sympathize  with  them  in  their  terrible  affliction  and  over 
whelming  grief. 


RECONSTRUCTION TENNESSEE.  7  7 

Resolved.  That  a  copy  of  these  resolutions  be  forwarded  to  the  family  of  the  deceased  by 
the  secretary  of  state. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  uf  the,  Senate. 
Adopted  April  17,  1865. 

NUMBER  XX. 
JOINT  RESOLUTION  to  support  the  administration  of  President  Johnson. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  confiding-  in  the  patriotism 
and  integrity  of  Andrew  Johnson,  we 'will  give  his  administration  of  the  government  the  same 
cordial  support  accorded  by  the  loyal  people  of  the  nation  to  his  predecessor. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  17,  1865. 

NUMBER  XXI. 

JOINT  RESOLUTION  requesting  the  governor  of  the  State  to  communicate  certain  facts 
to  the  President  of  the  United  States. 

Believing  that  the  time  has  arrived  in  the  political  status  of  the  State  of  Tennessee  when 
the  loyal  people  of  said  State  are  anxious  and  desirous  that  civil  law  and  order  should  be  re 
stored  and  prevail  throughout  the  borders  of  the  whole  State,  and  that  they  should  once  more 
be  permitted  to  resume  their  political  and  social  relations  with  the  government  of  the  United 
States  of  America — to  accomplish  this  end,  therefore,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  his  excellency,  the  governor 
of  the  State  of  Tennessee,  is  hereby  requested  to  make  known  to  the  President  of  the  United 
States  the  actions  and  proceedings  of  the  late  State  convention,  begun  and  held  in  Nashville 
on  the  9th  day  of  January,  1865,  with  regard  to  the  amendments  to  the  constitution  of  the 
State  of  Tennessee ;  also  of  the  ratification  of  said  amendments  by  the  loyal  people  of  said 
State,  at  the  ballot-box,  on  the  2'2d  day  of  February  last. 

Resolved,  further,  That  his  excellency,  the  governor,  also  make  known  to  the  President  of 
the  United  States  the  action  of  the  present  legislature  of  the  State  of  Tennessee  upon  the 
adoption  of  the  amendment  to  the  constitution  of  the  United  States ;  and  that  he  respectfully 
request  the  President  of  the  United  States  to  make  known  to  the  loyal  citizens  of  the  State 
of  Tennessee,  by  proclamation  or  otherwise,  that  the  State  of  Tennessee  be  no  longer  con 
sidered  in  a  state  of  insurrection,  and  that  the  loyal  people  of  said  State  be  granted  all  the 
rights  and  privileges  that  are  granted  or  allowed  to  the  loyal  citizens  of  any  of  the  sister 
States  that  are  not  considered  in  a  state  of  rebellion  against  the  government  of  the  United 
States. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Adopted  April  21,  1865. 

L  J.  ^ 

NUMBER  XXII. 
JOINT  RESOLUTION  allowing  mileage  to  Messrs.  Grantham  and  Tighe. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  Willis  Grantham,  the  appli 
cant  for  the  seat  of  Furney  Jones,  from  the  county  of  Claiborne,  and  Samuel  T  italic,  the 
contestant  for  the  seat  of  M.  T.  Ryder,  from  the  county  of  Shelby,  be  allowed  their  mileage 
and  per  diem  up  to  this  day,  and  that  the  amount  so  appropriated  be  included  in  the  general 
appropriation  bill;  it  appearing  to  the  satisfaction  of  the  legislature  that  their  claims  were 
meritorious,  if  not  legal. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  22,  1865. 


78  RECONSTRUCTION TENNESSEE. 

NUMBER  XXIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  comptroller. 

Whereas  a  vacancy  has  occurred  in  the  office  of  the  comptroller  of  the  treasury ;  There 
fore,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  and  house  of 
representatives  meet  in  convention  on  Tuesday,  the  25th  day  of  April,  at  10  o'clock  a.  mv 
to  nil  said  vacancy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  22,  1865. 


NUMBER  XXIV. 
JOINT  RESOLUTION  raising1  a  joint  committee  on  ways  and  means. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  committee  on  finance 
and  ways  and  means  of  the  senate,  and  the  committee  on  ways  and  means  of  the  house  of 
representatives,  shall  constitute  a  joint  committee  on  ways  and  means. 

WILLIAM  HEISKELL, 
Speaker  of  the,  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  24,  1865. 


NUMBER  XXV. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  registers  of  land  offices. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  will  meet  the 
house  of  representatives  in  the  hall  of  the  latter  on  the  29th  instant,  at  11  o'clock  a.  m.,  to 
elect  registers  of  the  land  offices  for  the  districts  of  Eastern,  Middle,  Western,  and  the  moun 
tain  district  of  Tennessee. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  24,  1865. 


NUMBER  XXVI. 
JOINT  RESOLUTION  for  the  benefit  of  V.  Myers. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  of  the 
treasury  of  the  State  pay  V.  Myers,  contestant  for  the  seat  in  the  4th  senatorial  district,  the 
mileage  and  per  diem  that  would  have  been  due  him  if  he  had  been  admitted  t»>  his  seat. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  24,  1865. 

NUMBER  XXVII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  secretary  of  state. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  joint  convention  in  the  hall  of  the  latter  on  Thursday,  the  2?th  instant, 
at  1U  o'clock,  for  the  purpose  of  electing  a  secretary  of  state. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Rrprt.^ntftives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  23,  1865. 


RECONSTRUCTION TENNESSEE.  79 

NUMBER  XXVIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  treasurer  and  secretary  of  state. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  the  hall  of  the  latter  on  the  27th  instant,  at  ]0  o'clock,  to  elect  a  State 
treasurer  at  the  same  time  of  the  election  of  secretary  of  state. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
AGopted  April  25,  1865.  Speaker  of  the  Senate. 

NUMBER  XXIX. 
JOINT  RESOLUTION  in  regard  to  the  State  library. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  State  library  be 
opened  during  the  meeting  of  the  general  assembly,  from  8  o'clock  a.  m.,  until  5  o'clock  p. 
in.,  continuously. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  April  27,  1865.  Speaker  of  the  Senate. 

NUMBER  XXX. 

JOINT  RESOLUTION  to  meet  in  convention  to  elect  Senators  to  the  United  States  Con 
gress. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  the  hall  of  the  latter  on  Thursday,  4th  of  May  next,  at  10  o'clock,  for 
the  purpose  of  electing  two  Senators  to  the  next  Congress  of  the  United  States. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  April  24,  1865.  Speaker  of  the  Senate. 

NUMBER  XXXI. 

A  JOINT  RESOLUTION  to  declare  the  office  of  comptroller  of  the  treasury  of  the  State  of 

Tennessee  vacant. 

Whereas  the  two  houses  met  in  convention  in  the  representative  hall  on  the  25th  of  April 
and  voted  for  a  comptroller  ;  and  whereas  a  majority  of  the  votes  cast  in  said  election  was 
for  Hon.  J.  R.  Dillon  for  said  office  ;  and  whereas  part  of  the  tenth  section  of  the  second 
article  of  the  constitution  of  the  State  of  Tennessee  is  as  follows,  viz  :  "No  senator  or  rep 
resentative  shall,  during  the  time  for  which  he  was  elected,  be  eligible  to  any  office  or  place 
of  trust,  the  appointment  of  which  is  vested  in  the  executive  or  the  general  assembly,  except 
to  the  office  of  trustee  to  a  literary  institution;"  and  whereas  it  appears  from  the  above 
recited  clause  of  the  State  constitution  that  Mr.  Dillon  was  not  eligible  to  said  office  on  ac 
count  of  his  holding  a  seat  in  this  legislature  :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  we  now  declare  the 
office  of  comptroller  of  the  treasury  of  the  State  of  Tennessee  now  vacant  and  should  be 
filled  by  the  election  of  some  competent  and  eligible  person  to  fill  said  vacancy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  29,  1865. 

DUMBER  XXXII. 

JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  public  printer. 
Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  members  of  the  senate 
and  the  house  of  representatives  meet  in  the  hall  of  the  house  on  Tuesday,  the  2d  day  of 
May,  for  the  purpose  of  electing  a  public  printer. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  29,  1865. 


80  RECONSTRUCTION TENNESSEE. 

NUMBER  XXXIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  State  librarian. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  two  houses  meet  in 
convention  in  the  hall  of  the  house  of  representatives  on  Tuesday,  the  second  day  of  May, 
at  10  o'clock  a.  m.,  for  the  purpose  of  electing  a  State  librarian. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  29,  1865. 


NUMBER  XXXIV. 

JOINT  RESOLUTION  offering  a  reward  of  five  thousand  dollars  for  the  apprehension  of 

Isham  G.  Harris. 

Whereas  treason  is  the  highest  crime  known  to  the  laws  of  the  land,  and  no  one  is  pre 
sumed  to  understand  the  true  meaning  of  the  term  better  than  governors  of  States,  and  cer 
tainly  no  one  should  be  held  to  a  more  strict  account  for  their  treason  ;  and 

Whereas  the  State  of  Tennessee,  before  the  rebellion,  enjoyed  a  high  social,  moral,  and 
political  position,  and  had  the  well-earned  reputation  of  the  Volunteer  State  ;  and 

WThereas  by  the  treason  of  one  Isham  G.  Harris,  ex-governor  of  Tennessee,  the  State  has 
lost  millions  of  dollars,  and  thousands  of  the  young  men  of  the  State  have  been  killed  in 
battle  and  died  of  disease,  and  thousands  of  the  middle-aged  and  old  men  have  been  murdered 
and  imprisoned,  and  defenceless  women  and  children  driven  from  the  State,  heart-broken  and 
penniless;  and 

Whereas  the  voters  of  Tennessee  did,  in  the  month  of  February,  1861,  by  a  majority  of 
sixty  thousand,  repudiate  treason  and  rebellion,  but  the  aforesaid  Isham  G.  Harris,  well 
knowing  the  true  sentiments  of  the  State  upon  treason  and  rebellion,  and  wholly  disregard 
ing  the  overwhelming  expression  of  popular  sentiment,  did  use  his  position  as  governor  as 
aforesaid,  to  put  the  State  in  rebellion  and  hostility  to  the  government  of  the  United  States, 
and  is  guilty  of  treason,  perjury,  and  theft,  and  is  responsible  to  a  great  extent  for  the  war, 
misery  and  death  of  thousands  of  the  citizens  of  the  State,  and  for  the  desolation  of  the 
same  from  east  to  west  and  from  north  to  south ;  the  cries  of  the  wounded  and  dying,  the 
wail  of  the  widow,  the  weeping  of  the  orphan,  come  to  us  upon  every  breeze,  imploring  us 
to  punish  the  instigators  of  the  rebellion :  Therefore,  for  the  reasons  aforesaid,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor  of  the  State 
is  hereby  authorized  and  instructed  to  offer  a  reward  of  five  thousand  dollars  for  the  appre 
hension  and  delivery  to  the  civil  authorities  of  the  State  the  aforesaid  Isham  G.  Hams;  and 
he  shall  fully  describe  said  fugitive  from  justice,  and  shall  make  publication  for  three  months, 
or  longer  if  he  may  think  proper,  in  one  newspaper  in  each  of  the  grand  divisions  of  the 
State,  and  a  paper  published  in  Richmond,  Virginia  ;  Raleigh,  North  Carolina;  Savannah, 
Georgia ;  Little  Rock,  Arkansas ;  New  Orleans,  Louisiana ;  and  shall  publish  the  preamble 
with  his  proclamation. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  1,  1865. 


NUMBER  XXXV. 
A  JOINT  RESOLUTION  to  meet  the  house  in  convention  to  elect  a  State  comptroller. 

Resolved  by  the  trc.nrrul  nxscmlly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  joint  convention  on  Thursday,  the  second  day  of  May,  at  ten  o'clock, 
to  elect  a  State  comptroller. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  1,  1865. 


RECONSTRUCTION — TENNESSEE.  8 1 

NUMBER  XXXVI. 
JOINT  RESOLUTION  to  raise  a  joint  committee  to  wait  on  the  national  banks  of  the  State. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  three  on  the 
part  of  the  senate,  and  such  committee  as  the  house  of  representatives  may  appoint,  shall  con 
stitute  a  joint,  committee  to  ascertain  what,  if  any,  arrangements  can  be  made  with  the 
national  banks  in  each  division  of  the  State  to  receive  the  public  funds  of  the  State  and  dis 
burse  the  same,  as  is  now  provided  by  law  for  the  Bank  of  Tennessee  and  branches. 
Resolved,  That  said  committee  report  as  early  as  possible. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  2,  1865. 

NUMBER  XXXVII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  an  entry- taker  for  the  Ocoee  district. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  and  house  of 
representatives  meet  in  the  hall  of  the  latter  on  Tuesday,  the  second  day  of  May  next,  for  the 
purpose  of  electing  a  register  and  entry-taker  for  the  Ocoee  district,in  the  State  of  Tennessee. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  2,  1865. 


NUMBER  XXXVIII. 

JOINT  RESOLUTION  appointing  commissioners  to  settle  with  the  Louisville  and  Nash 
ville  railroad. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller,  secretary 
of  state,  attorney  general  of  the  State,  and  commissioner  of  public  roads  of  the  State  of  Ten 
nessee,  be,  and  are  hereby,  constituted  commissioners,  on  behalf  of  the  State  of  Tennessee, 
to  meet  and  make  a  settlement  with  the  Louisville  and  Nashville  Railroad  Company,  and 
make  a  report  thereof  to  this  session  of  the  general  assembly,  if  practicable  ;  if  not,  to  the 
next  session  of  the  same. 

Be  it  further  resolved,  That  if  such  settlement  cannot  be  made  by  said  commissioners  with 
said  Louisville  and  Nashville  railroad  as  shall  be  satisfactory  to  them,  the  fact  shall  be  made 
known  to  the  governor  of  the  State,  and  he  may  direct  the  attorney  general  of  the  State  to 
institute  such  legal  proceedings  against  said  company  as  may  be  necessary  to  protect  the  in 
terests  of  the  State. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  5,  1865. 

NUMBER  XXXIX. 
JOINT  RESOLUTION  applying  to  the  President  for  troops. 

Whereas  the  fourth  section  of  the  fourth  article  of  the  Constitution  of  the  United  States 
provides  that  the  United  States  shall  guarantee  to  every  State  of  this  Union  a  republican  form 
of  government,  and  shall  protect  each  of  them  against  invasion,  and  on  application  of  the 
legislature,  or  of  the  executive  when  the  legislature  cannot  be  convened,  against  domestic 
violence ;  and 

Whereas  the  State  of  Tennessee  is  one  of  the  States  of  this  Union,  and  is  constantly  *i- 
vadcd  by  armed  bands  of  guerillas  from  the  so-called  Confederate  States,  and  subject  at  all 
times  to  violence  by  domestic  traitors,  murdering  and  robbing  the  loyal  citizens,  stealing  and 
carrying  off  their  property,  and  hindering,  delaying,  and  preventing  the  execution  of  the  civil 
laws  of  the  State ;  and 

Whereas  the  greater  portion  of  the  young  and  middle-aged  loyal  men  are  in  the  United 
States  army,  and  the  old  men  have  neither  arms  nor  ammunition,  consequently  defence- 
6T 


82  RECONSTRUCTION — TENNESSEE. 

less,  and  the  financial  condition  of  the  State  is  such  that  it  is  impossible  to  create  a  fond  to 
clothe,  arm,  feed,  and  pay  troops  for  State  defence,  to  meet  the  usual  expenditure  of  the  State, 
and  provide  for  the  payment  of  the  interest  accrued  on  the  bonds  of  the  State,  together  with 
Tennessee's  portion  of  the  twenty  million  apportioned  amongst  the  States  by  an  act  of  Con 
gress  of  August,  186 J,  will  be  all,  if  not  more  than  the  people  can  possibly  meet:  Therefore, 
be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  legislature  of  the  State 
aforesaid,  by  virtue  of  the  authority  of  the  fourth  section  of  the  fourth  article  of  the  Constitu 
tion  of  the  United  States  aforesaid,  do  make  this  application  to  his  excellency  Andrew  John 
son,  President  of  the  United  States,  and  commander-in-chief  of  the  army  of  the  same,  to  place 
umder  the  direction  and  control  of  the  proper  military  authority,  in  pursuance  of  the  Consti 
tution  and  laws  of  the  United  States,  and  under  the  control  and  direction  of  such  authority 
as  in  his  opinion  may  be  right  and  proper,  a  sufficient  number  of  Tennessee  troops  now  in 
the  United  States  service  to  repel  invasion,  and  drive  the  invader  from  the  State,  and  sup 
press  any  and  all  violence  by  armed  domestic  traitors,  to  protect  loyal  citizens,  and  aid  and 
assist  the  civil  officers  in  executing  the  civil  laws  of  the  State. 

Resolved,  That  the  secretary  of  state  shall,  immediately  after  the  passage  of  this  resolution, 
transmit  a  copy  of  the  same,  together  with  the  preamble,  under  the  great  seal  of  the  State,  to 
the  President  of  the  United  States,  asking  him  to  notify  the  legislature  now  in  session,  at  as 
early  a  day  as  convenient,  what  action  he  will  take  in  the  premises. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Adopted  May  9,  1865. 


NUMBER  XL. 
A  JOINT  RESOLUTION  appointing  a  committee  to  memorialize  Congress. 

Whereas,  by  the  presence  of  the  federal  troops  in  the  State  of  Tennessee,  rendered  neces 
sary  by  the  armed  resistance  to  the  laws  of  the  United  States  of  a  portion  of  its  citizens, 
many  military  supplies  have  been  taken  from  the  loyal  citizens  of  the  State  in  an  irregular 
manner,  and  much  damage  has  been  done  to  the  property  of  unconditionally  loyal  citizens ;  and 

Whereas,  by  article  five  of  the  amendments  to  the  Constitution  of  the  United  States,  it  is  de 
clared  that  private  property  shall  not  be  taken  for  public  use  without  just  compensation ;  and 

Whereas  the  loyal  citizens  of  Tennessee  are  entitled  to  the  same  consideration  and  protec 
tion  as  are  the  loyal  citizens  of  any  other  State  in  the  Union :  Therefore,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  two  on  the 
part  of  the  senate,  and  five  on  the  part  of  the  house,  be  appointed  to  prepare  a  memorial  to 
the  Congress  of  the  United  States,  setting  forth  the  obligations  of  the  government  of  the 
United  States  to  pay  the  loyal  citizens  of  Tennessee  for  property  taken  from  them  by  officers 
and  soldiers  of  the  United  States,  and  paying  that  some  legislation  be  had  by  Congress, 
making  provisions  to  enable  those  loyal  citizens  who  may  have  sustained  losses  in  the  man 
ner  already  described  to  prove  such  losses,  and  that  an  appropriation  be  made  by  Congress 
to  pay  such  loyal  claimants. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  tlie  Senate. 

Adopted  May  10,  1865. 


NUMBER  XLI. 
RESOLUTION  of  inquiry  in  relation  to  the  Hermitage  property. 

Resolved,  That  his  excellency  the  governor  be,  and  he  is  hereby,  requested"  to  communi 
cate  to  the  senate  all  the  information  in  his  possession  in  reference  to  the  present  status  of 
the  Hermitage  property,  including  an  account  of  its  purchase  by  the  State,  the  amount  paid 
for  it,  and  all  subsequent  legislation  in  regard  to  it,  and  what  acts  of  ownership  have  been 
exercised  over  it  by  the  State,  and  all  other  information  he  may  deem  proper,  as  well  as  any 
recommendation  he  may  have  to  offer  regarding  its  future  management. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  12,  1864. 


RECONSTRUCTION — TENNESSEE.  83 


NUMBER  XLIL  f 

JOINT  RESOLUTION  raising  a  joint  committee  on  the  elective  franchise. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  judiciary  committee  of 
the  senate  and  the  judiciary  committee  of  the  house  of  representatives  compose  a  joiut  com 
mittee  on  the  subject  of  the  elective  franchise,  and  be  instructed  to  bring  in  a  bill  on  that  sub 
ject  to-morrow  lor  action  on  that  day. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R    RODGERS, 

Speaker  of  the.  Senate. 
Adopted  May  16,  1885, 

NUMBER  XLIII. 

JOINT  RESOLUTION  requesting  the  governor  to  lay  before  the  legislature  certain  cor 
respondence. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor  be,  and  is 
hereby,  requested  to  lay  before  the  legislature  all  correspondence,  if  any,  he  may  have  had 
with  James  T.  Dunlap,  late  comptroller  of  the  treasury,  relative  to  a  return  of  the  archives 
©f  the  State ;  also  with  Vernon  K,  Stevenson,  president  of  the  Nashville  and  Chattanooga 
Railroad  Company,  relative  to  said  road  ;  also,  with  Graiiville  C.  Torbett,  late  president  of 
the  Bank  of  Tennessee,  relative  to  a  return  of  the  assets  of  said  bank,  if,  in  the  opinion  of 
his  excellency,  the  said  information  will  not  be  detrimental  to  the  public  welfare. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGfERS, 

Speaker  of  the  Senate. 
Adopted  May  19,  1865. 


NUMBER  XLIV. 

A  JOINT  RESOLUTION  declaring  certain  civil  offices  vacant,  and  providing  for  filling  of  tho 

same. 

Whereas  a  waar  has  existed  in  the  State  of  Tennessee  for  four  years,  and  during  the 
greater  part  of  that  time  all  civil  tribunals  luive  been  closed,  and  most  of  the  officers  holding 
offices  have  wilfully  abandoned  their  offices,  and  neglected  or  refused  to  perform  the  duties 
incumbent  upon  them  by  the  laws  of  the  land,  and  in  pursuance  of  the  Constitution  of  the 
United  States  and  of  the  State  of  Tennessee ;  and  whereas  many  of  the  civil  offices  thus 
abandoned  and  vacated  have  been  filled  by  appointments  made  by  the  acting  governor  of 
the  State  since  the  7th  day  of  March,  1862,  which  should  be  ratified  and  confirmed :  There 
fore, 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  all  civil  offices  of  the 
State  of  Tennessee,  to  which  their  respective  incumbents  were  elected  and  qualified  previous 
to  the  6th  day  of  May,  1861 ,  and  who,  after  such  election  arid  qualification,  have  voluntarily 
abandoned  their  offices  and  AVI  1  fully  neglected  and  refused  to  perform  the  duties  required  of 
them  by  law,  are  hereby  declared  vacant. 

Resolved  further,  That  all  of  the  offices  in  the  State  of  Tennessee  that  have  been  filled  by 
appointment  and  election  under  the  authority  of  the  usurped  State  government,  after  the 
declared  independence  of  the  State  of  Tennessee,  and  after  the  6th  day  of  May,  1861,  are 
hereby  declared  vacant. 

Resolved  further,  That  all  civil  officers  who  have  beea  appointed  since  the  7th  day  of  May, 
1862,  by  his  excellency  Andrew  Johnson,  acting  governor  of  the  State,  or  who  have  been 
elected  ana  qualified  under  his  various  proclamations,  are  hereby  ratified  and  confirmed, 
and  they  shall  continue  to  hold  and  exercise  the  functions  of  their  respective  offices  until  suc 
cessors  shall  be  elected  and  qualified  as  prescribed  by  the  laws  and  constitution  of  the  Stato 
of  Tennessee  and  of  the  United  States. 

Resolved  further,  That  his  excellency  William  G.  Brownlow,  governor  of  the  State,  be, 
and  he  i.s  hereby,  requested,  as  soon  as  in  his  opinion  he  deems  it  advisable,  to  issue  his 
proclamation  ordering  elections  to  be  held  in  the  respective  counties  of  the  State  where  such 
vacancies  have  occurred,  requiring  the  people  of  the  State  to  fill  such  vacancies  in  pursuance 
of  the  laws  of  the  State ;  and  in  the  mean  time,  until  such  elections  are  held,  that  he  proceed 
and  fill  the  vacancies  by  the  appointment  of  suitable  and  proper  persons  until  their  successors 


84  RECONSTRUCTION — TENNESSEE. 

shall  be  elected  and  qualified ;  and  the  governor  is  clothed  with'full  power  to  appoint  special 
officers  to  hold  sa^d  elections  for  each  county,  with  full  power  to  appoint  deputies  to  perform 
all  the  duties  as  now  required  by  law,  where  no  regular  officers  are  performing  civil  duties. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Approved  May  20,  1865. 


NUMBER  XLV. 

JOINT  RESOLUTION  to  raise  a  joint  committee  to  examine  into  the  condition  of  the 
Bank  of  Tennessee  and  branches. 

Resohcd  ly  the  general  isscmbly  of  the  State  of  Tennessee,  That  a  joint  committee  of  one 
from  the  senate  and  two  from  the  house  be  appointed  to  examine  the  condition  of  the  Bank 
of  Tennessee  and  branches — a  committee  to  the  principal  bank  and  one  to  each  branch,  with 
liberty  to  send  for  persons  and  papers,  and  that  they  report  to  the  regular  session  in  October. 

Committee  on  the  part  of  the  senate  appointed  under  the  above  resolution. — Rogersville, 
Senator  McKinney ;  Athens,  Senator  McElwee  ;  Sparta.  Senator  Bosson ;  Columbia,  Senator 
Fiierson  ;  Knoxville,  Senator  Rodgers;  Trenton,  Senator  Hall;  Memphis,  Senator  Smith ; 
Clarksville,  Senator.  Peart ;  Shelby villc,  Senator  Spence;  Suminerville,  Senator  Hurst. 

Committee  of  the  house. — Principal  bank  at  Nashville,  Messrs.  Cooper  and  Lewis;  branch 
at  Rogersville,  Messrs.  Willis  and  Minuis ;  branch  at  Knoxville,  Messrs.  Heiskell  and  Don 
aldson  ;  branch  at  Athens,  Messrs.  Henderson  and  Hood  ;  brancn  at  Sparta,  Messrs.  Ander 
son  and  Faulkner  ;  branch  at  Columbia,  Messrs.  Arnell  and  Gilmer ;  branch  at  Shelbyville, 
Messrs.  Mullens  and  Steele  ;  branch  at  Trenton,  Messrs.  McNair  and  Norman;  branch  at 
Memphis,  Messrs.  Richards  and  Rider ;  branch  at  Somerville,  Messrs.  Smith  and  Warren  ; 
branch  at  Clarksville,  Messrs.  Wines  and  Mulloy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  20,  1865. 


NUMBER  XLVI. 

JOINT  RESOLUTION  to  authorize  the  secretary  of  state  to  take  charge  of  the  senate 
chamber  and  hall  of  the  house  of  representatives. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  secretary  of  state,  at 
the  close  of  this  session,  shall  have  charge  of  the  senate  chamber,  representative  hall,  and 
committee  rooms,  and  cause  all  stationery,  furniture,  and  other  articles  belonging  to  said 
halls,  to  be  carefully  preserved  for  the  use  of  the  next  general  assembly,  and  shall  be  allowed 
by  the  comptroller  all  necessary  expenses  incurred  in  preserving  the  same,  and  a  reasonable 
compensation  for  his  services. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  22,  1865. 


NUMBER  XLVII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  keeper  of  the  penitentiary. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  on  Monday,  iiUtii  instant,  at  11  o'clock  a.  in.,  for  the  purpose  of  electing  a 
keeper  of  the  penitentiary.  ' 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  7«Y present atives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  22,  1865. 


RECONSTRUCTION TENNESSEE.  85 

NUMBER  XLVIII.  « 

JOINT  RESOLUTION  of  thanks  to  Major  General  Stoneman. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  the  loyal 
people  of  the  State  are  due  to  Major  General  George  Stoneman  for  the  great  skill  and  energy 
with  which  he  conducted  his  two  great  raids  into  Virginia  and  North  Carolina,  by  which  he 
destroyed  millions  of  dollars'  worth  of  the  enemy's  means  of  warfare,  capturing  many  of  their 
forces,  and  effectually  crippling  them  in  their  operations,  and  that  he  has  our  thanks  for  tho 
ability  and  success  with  which  he  has  conducted  military  operations  in  East  Tennessee,  and 
that  he  be  furnished  with  a  copy  of  this  resolution,  officially  signed. 

WILLIAM  HELSKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  22,  1865, 

NUMBER  XLIX. 
JOINT  RESOLUTION  requesting  information  from  the  bondholders  of  Tennessee  bonds. 

Whereas,  in  order  to  provide  for  the  payment  of  the  State  debt  when  due  and  payable,  and 
for  the  interest  on  the  same  now  due,  it  is  desired  to  know  the  amounts  of  State  bonds  out 
standing,  the  numbers,  dates,  and  names  of  holders  : 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  give  public 
notice  in  one  of  the  public  prints  of  the  cities  of  Nashville,  Tennessee;  Cincinnati,  Ohio; 
Philadelphia,  Pennsylvania;  New  York,  and  Boston  Massachusetts,  requesting  each  bond 
holder  of  the  State  bonds  of  the  State  of  Tennessee  to  transmit  to  said  comptroller,  at  his 
office  at  Nashville,  a  statement  of  his  name,  residence,  the  date  and  number  of  each  bond, 
and  the  amount  and  character  of  said  bond ;  and  that  he  make  report  thereof  to  this  general 
assembly  at  its  next  session. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate . 
Adopted  May  22,  1865. 


NUMBER  L. 
JOINT  RESOLUTION  directory  to  the  attorney  general  of  the  State. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  attorney  general  of  the 
State  of  Tennessee  be,  and  he  hereby  is,  directed  to  institute  inquiry  into  aud  investigate 
the  title  to  the  property  situated  in  the  city  of  Nashville,  fronting  on  College  and  Cherry 
streets  in  South  Nashville,  known  as  the  Gun  Factory,  and  recently  used  as  hospital  No.  1 ; 
and  if  the  title  is  in  the  State  of  Tennessee,  the  said  attorney  general  defend,  on  behalf  of  the 
State,  the  suit  now  pending  in  the  United  States  court  to  libel  and  confiscate  said  property, 
and  secure,  if  the  same  may  be  done,  said  property  for  the  State. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  t!t£  Senate. 
Adopted  May  22,  1865. 

NUMBER  LI. 
JOINT  RESOLUTION  taking  charge  of  the  assets  of  the  Bank  of  Tennessee. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor,  the  secre 
tary  of  state,  and  comptroller  be,  and  they  are,  directed  to  take  charge  of  the  assets  of  tho 
Bank  of  Tennessee,  and  the  archives  of  the  State,  and  receipt  for  the  same. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  29,  1865. 


86 


RECONSTRUCTION TENNESSEE. 


NUMBER  LIT. 

A  JOINT  RESOLUTION  providing  for  the  number  of  acts  and  journals  of  the  legislature 
of  1865  to  be  printed  for  distribution. 

SECTION  1.  Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee^  That  there 
shall  be  printed  of  the  acts  of  the  present  session  of  the  legislature,  for  distribution  among 
the  several  counties  in  the  State,  as  follows :  For  every  justice  of  the  peace,  one  eopy  ;  for 
each  sheriff,  one  copy ;  for  each  circuit  court  clerk,  one  copy  ;  for  each  county  court  clerk, 
one  copy ;  for  each  chancery  court  clerk,  one  copy ;  for  each  county  trustee,  county  register, 
coroner,  ranger,  entry-taker,  surveyor,  and  poor-house  commissioner,  one  copy;  for  the  use 
of  the  trustees  of  academies  in  each  county,  one  copy  of  the  acts  and  journals ;  for  each  of 
the  clerks  and  doorkeepers  of  the  house  and  senate,  one  copy. 

SEC.  2.  Be  it  further  resolved,  That  there  shall  also  be  printed,  for  distribution  as  afore 
said,  one  copy  of  the  journals  of  each  branch  of  the  legislature  for  each  civil  district  in  each 
county  in  this  State,  to  wit : 


Counties. 

* 

§ 

<4H 

O 

* 

^ 

CO 

t*H 

O 

o 

te 

>-j 
tt 

C*H 

O 

6 
fr 

Counties. 

to 

1 

CM 
O 

1 

No.  of  S.  J. 

I-S 

B 
*S 

1 

Anderson 

34 

19 

19 

Macon  

35 

19 

12 

Bledsoe           ...     .         ...... 

39 

14 

14 

McNairy  

43 

16 

16 

Blount 

45 

17 

17 

Madison  --  

47 

18 

18 

Bradley 

37 

13 

13 

Overton  

41 

14 

14 

Bedford 

50 

19 

19 

Obion  . 

37 

13 

13 

31 

10 

10 

Polk 

31 

10 

10 

Campbell 

39 

14 

14 

Putnam  

43 

16 

16 

Carter 

33 

11 

11 

Perry 

33 

11 

IT 

35 

T> 

12 

Rhea 

39 

10 

10 

Cocke 

35 

19 

12 

Roane  .        

46 

16 

16 

Cannon 

35 

12 

12 

Robertson 

45 

17 

17 

Cumberland 

30 

10 

10 

Rutherford  .  

61 

9,5 

".- 

Cheatham. 

35 

19 

12 

Stewart  ......           .       ...... 

35 

19, 

19, 

Coffee 

38 

13 

13 

Suinner 

50 

19 

19 

Carroll                     

51 

19 

19 

Sevier      

35 

19 

19, 

Davidson 

68 

94 

24 

Scott    

35 

19 

19, 

DeKalb 

43 

16 

16 

Sullivan 

47 

18 

18 

Dver    . 

39 

14 

14 

Sequatchie.  .  

97 

8 

8 

Decatur 

33 

11 

11 

Smith    

55 

99 

99. 

Dickson 

35 

1f> 

12 

Shelby 

40 

14 

14 

Hancock 

39 

14 

14 

Tipton 

37 

13 

13 

Hawkins 

46 

17 

17 

Union 

30 

12 

1*> 

Hamilton 

49 

18 

18 

Van  Buren  _  

31 

10 

10 

Hardin 

39 

14 

14 

Wilson    . 

65 

25 

9% 

Hickman 

44 

15 

15 

"\Varren 

43 

1C. 

16 

Humphreys    . 

35 

19 

12  1 

Wayne  

47 

17 

17 

Hardcman 

45 

17 

17 

White             

37 

13 

13 

Henderson  

54 

91 

91 

Williamson  

59 

94 

94 

Henry  

51 

90 

20 

Washington  

47 

18 

1R 

Hay  wood  

45 

17 

17 

Weakley              .      ... 

48 

18 

18 

Jefferson 

45 

16 

16 

Franklin 

41 

1(5 

16 

Johnson 

31 

10 

10  1 

Fentress 

35 

12 

19 

Jackson  

48 

18 

18 

Favetto              ..  ....  ....  ... 

43 

15 

15 

Knox  ......  ........ 

5*> 

19 

19 

Grainier                        ..  ...... 

43 

16 

16 

McMinn             .   . 

4(3 

17 

17 

Green 

63 

25 

95 

.Meiers 

07 

Q 

g 

31 

10 

10 

37 

13 

13 

56 

21 

°1 

Moproe    .....  .............. 

51 

90 

20 

Giles               

55 

20 

90 

Morgan 

35 

1*> 

12 

Lawrence 

40 

15 

15 

Maury 

04 

25 

25 

39 

11 

11 

Montgomery 

51 

24 

24 

65 

25 

05 

Marshall                    

49 

15 

15 

39 

10 

10 

RECONSTRUCTION TENNESSEE.  87 

SEC.  3.  Be  it  further  resolved,  That  there  shall  also  be  printed  and  bound  for  each  mem 
ber  of  the  senate  and  house  of  representatives  one  copy  of  the  acts  and  one  copy  of  the 
journals,  both  of  the  house  of  representatives  and  the  senate ;  for  the  office  of  the  secretary 
of  state,  two  hundred  copies  of  the  acts  and  fifty  bound  copies  of  the  journal  of  each  house ; 
for  each  department  of  the  government  of  the  United  States  and  for  the  United  States  library, 
one  copy  of  the  acts  ;  for  each  judge  of  the  supreme  court,  for  each  judge  of  the  circuit 
court,  for  each  judge  of  the  criminal  court,  for  each  chancellor,  for  each  county  judge 
in  the  State,  for  each  judge  of  the  criminal  and  common  law  court  in  this  State,  one  copy 
of  the  acts ;  for  each  of  the  supreme  and  criminal  court  clerks,  one  copy  of  the  acts ;  for  each 
attorney  general,  one  copy  of  the  acts ;  for  the  ti'easurer  and  comptroller,  one  copy  of  the 
acts;  and  for  each  State  and  Territory  and  the  District  of  Columbia,  two  copies  of  the  acts. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS 

Speaker  of  the  Senate, 
Adopted  May  29,  1865. 

NUMBER  LIIL 

A  JOINT  RESOLUTION  in  relation  to  a  certain  class  of  Tennessee  Union  soldiers  who 
lost  their  lives  in  the  army  of  the  Union  during  the  rebellion. 

Whereas  a  large  number  of  Tennessee  soldiers  have  died  and  been  killed  in  battle  while 
serving  the  United  States  against  a  hostile  rebel  foe,  without  having  been  duly  mustered 
into  service,  and  there  being  great  deficiency  in  the  records  of  the  State  pertaining  thereto: 
Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  adjutant  general 
of  the  State  be,  and  he  is  hereby  authorized  to  perfect — in  a  well-bound  book  to  be  kept  for 
that  purpose — a  complete  record  of  all  Tennessee  soldiers  who  have  belonged  to  the  United 
States  service  during  the  present  rebellion,  with  such  historical  remarks  as  will  enable  them 
or  their  families  to  obtain  such  bounty,  arrears  of  pay,  &c.,  as  may  be  due  them,  and  that 
he  be  allowed  such  compensation  for  his  services  as  may  be  determined  by  subsequent  legis 
lation. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  29,  1S65. 

NUMBER  LIV. 
JOINT  RESOLUTION  directory  to  the  trustees  of  the  Tennessee  hospital  for  the  insane. 

Whereas  William  A.  Cheatham,  M.  D.,  late  superintendent  and  physician  of  Tennessee 
hospital  for  the  insane,  has  been  called  upon,  by  a  resolution  of  the  Senate,  to  communicate 
a  detailed  statement  of  the  financial  operations  of  that  institution  from  the  first  day  of  Octo 
ber,  1861,  to  the  3Jst  day  of  July,  1862,  during  which  period  there  is  no  report  known  to  this 
general  assembly  of  the  institution,  and  there  being  other  reasons  why  there  should  be  an 
investigation  of  its  affairs,  and  the  late  superintendent  and  physician  having  failed  or  refused 
to  notice  the  resolution  referred  to  above :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  board  of  trustees 
are  hereby  instructed  to  investigate  the  books  and  accounts  and  management  of  Tennessee 
hospital  for  the  insane,  during  the  administration  of  William  A.  Cheatham,  late  superin 
tendent  and  physician,  and  power  is  hereby  given  to  send  for  persons  and  papers,  and  report 
the  result  to  the  next  session  of  this  legislature. 

WILLIAM  HEISKELL, 
Speaker  of  tlie  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  2,  1865. 

NUMBER  LV 

JOINT  RESOLUTION  appointing  a  committee  to  wait  on  the  major  general  commanding 
the  department,  and  make  inquiries  in  relation  to  certain  assessments. 

Whereas  it  appears  from  the  orders  issued  by  the  various  military  commanders  of  the 
United  States,  at  different  places  in  this  State,  that  they  are  levying  on  persons  who  are 
permitted  to  trade  under  privileges  granted  to  them  by  the  authorities  of  the  United  States, 


RECONSTRUCTION TENNESSEE. 

and  of  the  State  of  Tennessee,  and  collecting  considerable  sums  of  money;  and  whereas  it 

^^to^±^^^L±?, is  in  accorduace  with  the  5*-  *f  the  *£* 

Bezt  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  three 
ontfie  part  of  the  house,  and  two  on  the  part  of  the  senate/be  appointed  to  call  on  the 
major  general  commanding  the  department,  and  ascertain  Whether  such  assessment  are 


WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives, 
SAMUEL  R.  RODGERS, 


Adopted  June  3,  1865.  Speaker  <*  the  Senate 


NUMBER  LVI. 

A  JOINT  RESOLUTION  appointing  a  committee  to  settle  with  Hon.  Joseph  S.  Fowler 
late  comptroller  and  acting  treasurer  of  the  State. 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  joint  committee  of 
three  on  the  part  of  the  house,  and  two  on  the  part  of  the  senate,  be  appointed  to  settle  with 
the  Hon.  Joseph  8.  Fowler,  late  comptroller  and  acting  treasurer  of  the  State 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

A  ,     ,    -,  -r  Speaker  of  the  Senate. 

Adopted  June  5,  1865. 

NUMBER  LVII. 
JOINT  RESOLUTION  directory  to  the  secretary  of  state. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  secretary  of  state  is 
hereby  authorized  to  furnish  the  clerks  of  the  courts  of  record  of  this  State  the  Code  of  Ten 
nessee  and  the  acts  of  the  general  assembly  of  the  State,  in  all  the  counties  where  the  books 
tu  said  officers  have  been  destroyed. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Adopted  June  6,  18G5.  Speaker  °fthe  Stnatt' 

NUMBER  LVIII. 

JOINT  RESOLUTION  requesting  the  governor  to  employ  an  attorney-at-law. 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor  be  and 
is  hereby  requested  to  employ  an  attorney-at-law  for  and  in  behalf  of  the  State,  to  prosecute 
and  defend  all  suits  now  pending  in  the  circuit  court  of  Davidson  county,  now  in  session  iu 
the  name  of  or  against  the  Bank  of  Tennessee,  and  to  be  allowed  such  compensation  as 
the  governor  may  think  reasonable. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Adopted  June  6,  1865.  Speal"r  °J  th*  Scnate' 

NUMBER  LIX. 
JOINT  RESOLUTION  directory  to  the  comptroller. 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  be,  and 
s  hereby,  instructed  to  prepare  and  have  printed  a  circular  containing  all  the  subjects  of  tax 
ation,  together  with  the  rates  of  taxation,  and  forward  two  copies  of  the  same  to  the  clerks  of 
the  various  county  courts  of -this  State,  and  that  the  same  be  done  immediately. 


RECONSTRUCTION — TENNESSEE.  89 

Be  it  further  resolved,  That  the  secretary  of  state  be  and  is  hereby  instructed  to  have  pub 
lished  in  one  newspaper  published  in  the  city  of  Nashville,  the  Chattanooga  Gazette,  Kuox- 
ville  Whig,  Flag  of  the  Union,  and  the  Memphis  Argus,  the  revenue  bill  passed  by  the  legis 
lature  at  its  present  session,  for  four  successive  weeks. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  7,  1865. 


NUMBER  LX. 
JOINT  RESOLUTION  directory  to  the  keeper  of  the  penitentiary. 

Whereas  there  are  now  confined  in  the  penitentiary  many  convicts  who  have  acquired  no 
trades,  owing  to  the  difficulties  of  procuring  material  for  them  to  work  up,  and  that  they  are 
unemployed,  because  the  inspectors  and  keepers  have  no  power  to  employ  them  beyond  the 
prison  walls  unless  authorized  to  do  so  :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  inspectors  and 
keepers  of  the  penitentiary  are  hereby  authorized  and  empowered,  whenever  they  may  deem 
it  advisable  to  do  so,  to  employ  the  convicts  in  such  work  about  the  capitol,  or  otherwise 
outside  of  the  prison  walls,  as  may  be  by  them  deemed  advisable,  looking  to  the  safety  of  the 
convicts  and  the  best  interests  of  the  State. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  9,  1865. 


NUMBER  LXI. 
JOINT  RESOLUTION  postponing  the  business  before  the  general  assembly. 

Whereas  the  present  session  of  the  legislature  of  Tennessee  has  been  continued  and 
protracted  beyond  our  desire  or  expectation,  from  the  necessity  of  circumstances  and  the  wel 
fare  of  the  State  ;  and 

Whereas  the  business  under  consideration  is  of  minor  importance,  and  does  not  abso 
lutely  demand  our  immediate  attention  :  Therefore, 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  all  business  which  may  be 
before  the  respective  houses  on  the  10th  inst.,  at  12  o'clock  m.,  will  be  postponed  until  the 
October  session,  and  that  the  general  assembly  of  the  State  of  Tennessee  adjourn  on  Mon 
day,  the  12th  of  June,  1865,  to  meet  the  first  Monday  in  October,  1865. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  10,  1865. 


NUMBER  LXII. 

JOINT  RESOLUTION  to  have  published  in  certain  newspapers  an  act  to  limit  the  elective 

franchise. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  act  to  limit  the  elec 
tive  franchise  be  published  once  a  week  from  June  12  until  the  6th  day  of  August  next,  in 
the  following  papers,  to  wit :  Jonesborough  Union  Flag,  Knoxville  Whig,  Chattanooga  Ga 
zette,  Press  and  Times,  Nashville  Union,  Nashville  Dispatch,  Memphis  Argus,  the  paper 
published  at  Kingston,  and  the  paper  published  at  Greenville,  and  also  any  German  paper 
published  in  Nashville,  and  in  one  German  paper  at  Memphis. 

Be  it  further  resolved,  That  the  comptroller  issue  his  warrant  to  pay  for  the  same. . 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  12,  1865. 


90  RECONSTRUCTION — TENNESSEE. 

NUMBER  LXIII. 

JOINT  RESOLUTION  of  thanks  to  Brevet  Brigadier  General  J.  L.  Donaldson,  chief  quar 
termaster,  department  of  the  Cumberland,  and  Captain  Hunter  Brooke,  provost  marshal. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  this  general 
assembly  are  most  heartily  and  cordially  tendered  to  Brigadier  General  J.  L.  Donaldson, 
chief  quartermaster  of  the  department  of  the  Cumberland,  for  his  kindness  in  furnishing  a 
special  car  for  the  accommodation  of  the  members,  and  for  renewing  their  transportation  over 
military  railroads. 

Resolved,  That  the  thanks  of  this  general  assembly  are  due,  and  are  hereby  tendered,  to 
Captain  Hunter  Brooke,  post  provost  marshal,  for  his  uniform  courtesy  and  kindness  to  the 
members  of  this  general  assembly. 

Resolved,  That  a  copy  of  these  resolutions  be  furnished  General  Donaldson  and  Captain 
Brooke  by  the  secretary  of  state. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  12,  1865. 


NUMBER  LXIV. 

JOINT  RESOLUTION  congratulatory  at  the  appointment  of  Major  General  Thomas  to  this 

military  division. 

Whereas  the  pleasing  intelligence  has  reached  us  that  the  distinguished  soldier  and 
commander,  Major  General  G.  H.  Thomas,  has  been  assigned  to  this  military  division: 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  we  do  most  heartily  con 
gratulate  our  citizens  upon  the  appointment  of  this  model  soldier,  possessing  as  we  do  the 
most  unbounded  confidence  in  his  ability  and  judgment,  and  believing  that  under  his  rule 
early  peace  and  quiet  and  Unionism  will  prevail  in  every  section  of  our  State. 

Resolved,  further,  That  we  tender  to  the  President  and  War  Department  our  special  thanks 
for  their  assignment  of  General  Thomas  over  this  military  division,  and  with  his  consent  we 
propose  to  adopt  him  as  a  Tennesseean,  General  Thomas  having  endeared  himself  to  us  both 
by  distinguished  services  and  by  many  acts  of  noble  and  unostentatious  kindness. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  June  12,  1865.  Speaker  of  the  Senate. 

[The  following  act  of  assembly  was  mislaid  in  the  house  and  not  deposited  in  the  office 
of  the  secretary  of  state  until  the  other  acts  were  printed.  It  has  been  collated  and  found 
correctly  printed.  A.  J.  FLETCHER,  Secretary  of  State.] 

CHAPTER  XXXVIII. 

AN  ACT  to  change  the  times  of  holding  the  county  court  of  Knox  county  for  the  trial  of 

misdemeanors. 

SECTION  \.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  from  and 
after  the  next  August  term  of  the  county  court  of  Knox  county,  for  the  trial  of  misdemeanors, 
the  said  court  shall  be  regularly  opened  and  held  on  the  second  Mondays  of  April,  August  and 
December  of  each  year,  and  succeeding  days  if  necessary,  instead  of  on  the  first  Monday  of 
said  months,  as  heretofore  ;  but  the  regular  county  court  for  the  transaction  of  county  busi 
ness  shall  be  held  on  the  first  Monday  of  each  month  as  heretofore. 

SECTION  2.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  pas 
siige. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Passed  May  16,  1865.  Speaker  of  the  Senate. 

STATE  OF  TENNESSEE,  OFFICE  OF  THE  SECRETARY  OF  STATE, 

Nashville,  July  25,  1865. 

I,  ANDREW  J.  FLETCHER,  secretary  of  state  of  the  State  of  Tennessee, 
hereby  certify  that  I  have  carefully  collated  the  foregoing  documents,  with  au 
thentic  copies  on  file  in  my  office,  and  find  them  correctly  printed. 

A.  J.  FLETCHER,  Secretary  of  State. 


RECONSTRUCTION — TENNESSEE.  9 1 


NASHVILLE,  TENN  ,  January  9,  I860. 

At  a  meeting  of  the  Union  Central  and  German  Union  Central  Committees 
of  the  State  of  Tennessee  and  the  Union  members  of  .the  Tennessee  legislature 
the  following  memorial  was  unanimously  approved  and  adopted. 

A.  LOVERING, 
Chairman  pro  tern,  of  Central  Committee. 

EDWARD  MAYNARD, 

Secretary  of  Union  Central,  Committee. 

NASHVILLE,  TENN.,  January  9,  1866. 
To  the  honorable  Congressional  Committee  on  Reconstruction : 

The  undersigned,  constituting  a  large  majority  of  the  State  Central  Com 
mittee  of  the  Union  party  of  Tennessee,  being  all  who  could  be  present,  beg 
leave  to  communicate  to  you  their  views  of  the  present  political  and  social 
conditition  of  this  State,  and  their  anticipations  as  to  future  results  from  that 
condition. 

The  vast  powers  conferred  upon  you,  so  vitally  affecting  ourselves  and  our 
posterity,  we  feel  to  be  a  sufficient  warrant  for  this  liberty  on  our  part. 

Our  statistics  show  that,  in  the  spring  of  1861,  about  40,000  of  the  voters  of 
Tennessee  made  up  their  minds  to  adhere  to  the  flag  of  their  country  in  spite  of 
the  tornado  of  treason  that  swept  the  State  and  carried  it  into  the  vortex  of 
rebellion.  They  constituted  less  than  one-third  of  the  voting  population  of  the 
State,  and  far  less  of  its  wealth  and  political  influence.  Surrounded  on  all  sides 
by  rebel  population ;  suffering  every  conceivable  outrage  in  person  and  property ; 
hanged  on  the  gallows  ;  shot  by  an  infuriate  soldiery  ;  cast  into  many  prisons ; 
mercilessly  conscripted,  and  hunted  like  wild  beasts  and  murdered  in  our  places 
of  concealment,  our  numbers  have  been  reduced,  but  the  survivors  of  us  have 
kept  the  vows  made  upon  the  altar  of  patriotism  five  years  ago.  More  than 
twenty-five  thousand  of  our  number,  leaving  their  homes  and  families  to  be 
pillaged  and  abused,  travelling  through  mountains  or  swamps  by  night  and 
hiding  in  thickets  by  day  to  evade  a  pursuing  and  murderous  enemy,  escaped 
to  the  federal  lines,  and,  without  bounty  or  other  inducement,  enrolled  them 
selves  as  Union  soldiers.  They  have  returned  to  their  homes  from  a  gallant 
and  bloody  service  to  find,  in  many  instances,  their  houses  in  ashes,  their 
property  gone,  and  their  families  abused,  insulted,  and  outraged.  And,  it  must 
be  added,  that  in  many  instances  these  victorious  heroes  of  the  national  cause 
are  not  permitted  to  remain  at  their  homes  in  peace,  or,  if  permitted,  they  are 
crippled  in  business  and  politically  and  socially  outlawed. 

The  designs  of  the  great  secession  majority  of  Tennessee  may  have  been 
changed  by  the  events  of  the  war,  and  so  may  have  been  their  opinions  of  their 
own  strength  and  of  the  strength  of  the  goveinment,  but,  unless  your  memo 
rialists  greatly  misunderstand  them,  their  sentiments,  sympathies,  and  passions 
remain  unchanged.  They  welcome  peace  because  they  are  disabled  from  making 
war ;  they  submit  because  they  can  no  longer  resist  ;  they  accept  results  they 
cannot  reject,  and  profess  loyalty  because  they  have  a  halter  around  their 
necks.  They  recognize  the  abolition  of  slavery  because  they  see  it  before  them 
as  a  fact;  but  they  say  it  was  accomplished  by  gross  violations  of  the  Consti 
tution,  that  the  negro  is  free  only  in  fact,  but  not  in  law  or  of  right. 

Less  than  a  year  ago  the  provisional  governor,  representing  the  military  power 
of  the  President,  and  recognizing  the  right  of  the  loyal  people  to  govern  the 
State,  set  on  foot  a  civil  government,  founded  upon  the  basis  of  the  loyal  popu 
lation — his  favorite  policy.  The  plan  of  a  popular  convention  and  a  submission 
to  a  vote  of  the  loyal  people  was  adopted,  and  the  former  constitution  and  laws 
were  restored  without  the  institution  of  slavery.  Whether  we  regard  it  as  our 


92  RECONSTRUCTION — TENNESSEE. 

former  State  government  restored,  or  as  a  new  government  given  to  us  by  the 
power  of  the  nation,  is  immaterial,  as  it  has  been  compelled  at  every  step  to  lean 
upon  the  strong  arm  of  the  national  authority  for  support.  The  action  of  the  con 
vention  was  submitted  to  the  vote  of  the  loyal  people,  and,  by  means  of  the  strong 
will  of  the  military  governor  and  a  rigid  test  oath,  and  because  the  election  was 
not  recognized  by  the  disloyal,  it  was  nearly  unanimously  adopted,  receiving 
over  20,000  votes,  many  of  the  Union  men  being  within  the  rebel  lines  at  the 
time. 

Under  the  government  thus  adopted,  and  by  means  of  the  same  test  oath,  a 
governor  and  legislature  were  elected  by  general  ticket  on  the  3d  of  March  last. 
The  legislature  assembled  in  April,  and  proceeded  to  inaugurate  the  governor 
elect  and  to  elect  State  officers,  to  establish  a  revenue,  to  provide  for  the  election 
of  members  to  Congress,  and  to  legislate  in  general  matters.  Under  authority 
conferred  upon  him,  the  new  governor  appointed  a  judiciary  pro  tempore,  and 
reorganized  the  entire  State  by  appointments.  But  one  general  election  has 
been  held,  and  that  only  for  members  of  Congress,  with  what  result  will  appear 
hereafter. 

The  convention  of  February,  foreseeing  the  impossibility  of  carrying  out  the 
principle  upon  which  they  were  acting,  by  keeping  the  political  power  of  the 
State  in  loyal  hands,  if  all  those  who  had  by  acts  of  treason  forfeited  their  right 
to  participate  in  the  State  government,  provided  for  a  formal  disfranchisement 
by  conferring  upon  the  first  legislature  the  power  to  limit  the  elective  franchise. 

So  far  the  legislation  on  this  subject  has  been  unsatisfactory  and  ineffectual. 
Indeed,  many  of  the  members  are  utterly  unequal  to  the  task,  and,  yielding  to 
the  influence  and  dreading  the  power  of  numbers,  shrink  from  its  performance. 
A  suffrage  law  was  passed  at  the  spring  session,  the  result  of  compromise,  and 
doubtful  in  its  terms,  easily  evaded,  and  practically  defective.  By  means  of 
repeated  proclamations  by  the  governor,  telegraphic  orders  from  the  President, 
and  the  aid  of  the  military,  a  partial  execution  only  of  the  law  was  obtained. 
So  defective  was  the  execution  of  the  law  by  the  officers  to  whom  it  was  in 
trusted,  that  the  governor  was  constrained  to  declare  the  August  election  totally 
void  in  twenty-nine  counties  of  the  State.  An  attempt  will  be  made  at  the 
present  session  to  pass  an  amended  suffrage  law,  but  it  is  doubtful  whether  any 
effectual  disfranchisement  can  pass,  and  still  more  doubtful  whether,  if  passed, 
it  can  be  executed  even  with  the  presence  of  the  military.  Certainly,  such  a 
law  cannot  be  executed  if  the  supervising  power  of  the  general  government 
should  be  discontinued. 

In  short,  your  memorialists  anticipate  that,  at  the  first  general  election,  the 
entire  civil  and  judicial  power  of  the  State  must  pass  into  the  hands  of  those 
who  have  so  long  oppressed  them,  and  made  actual  war  upon  them.  The 
judicial  election,  which  is  the  most  important  of  all,  must  soon  occur. 

By  a  careful  consideration  of  the  passions,  prejudices,  and  designs  of  those 
lately  in  rebellion,  a  correct  idea  of  the  course  they  will  pursue,  when  once  more 
installed  into  power,  may  be  arrived  at.  Your  memorialists  are  not  driven  to 
consult  tourists  nor  correspondence  for  information.  They  are  fill  citizens  of 
the  State;  some  of  them  are  natives,  and  from  official  position  are  in  daily  inter 
course  or  communication  with  all  parts  of  the  State,  and  with  citizens  of  all  par 
ties  and  classes.  They  claim  to  speak  not  from  hearsay  or  report,  but  as 
wit-nesses  admissible  in  court. 

The  predominant  feeling  of  those  lately  in  rebellion  is  that  of  deep-seated 
hatred,  amounting  in  many  cases  to  a  spirit  of  revenge  towards  the  white  Union 
ists  of  the  State,  and  a  haughty  contempt  for  the  negro,  whom  they  cannot  treat 
as  a  freeman.  The  hatred  for  the  white  loyalist  is  intensified  by  the  accusation 
that  he  deserted  the  south  in  her  extremity,  and  is,  therefore,  a  traitor,  and  by 
the  setting  up  a  government  of  the  minority.  The  spirit  of  revenge  is  called 
forth  by  the  attempt  to  disfranchise  them,  and  by  the  retaliatory  acts  of  the 


RECONSTRUCTION TENNESSEE.  93 

returned  Union  soldiers  for  wrongs  done  them  during  the  war.  The  negro  is 
the  Mordecai  who  constantly  reminds  them  of  their  defeat,  and  of  what  they 
call  a  "just,  but  lost  cause."  And  the  sight  of  him  in  the  enjoyment  of  freedom 
is  a  constant  source  of  irritation. 

The  tourist  would  not  be  apt  to  detect  the  true  state  of  the  southern  temper. 
Even  the  resident  observer  has  to  look  beneath  the  surface  of  insincere  protesta 
tions  of  loyalty.  True,  the  traveller  or  visitor  might  observe  a  large  number 
of  daily  rebel  newspapers  well  sustained,  while  a  single  loyal  paper  is  sustained 
with  difficulty.  He  might  discover  that  the  rebel  merchant  or  lawyer  is  full  of 
business  and  growing  rich,  while  the  loyalist  either  fails,  or  is  driven  to  pander 
and  dissimulate.  And  he  may  find  that  the  rebel  chaplain  preaches  to  over 
flowing  houses,  while  the  loyal  minister  is  in  truth  a  missionary  in  an  unfriendly 
country.  But  he  will  hardly  go  into  the  social  circle  to  learn  that  the  Union 
man  is  not  admitted  into  society,  or  into  private  families,  to  find  that  hatred  of 
the  Yankee  and  contempt  for  the  government  are  inculcated  by  rebel  min 
isters  and  teachers;  nor  will  he  visit  the  township  election  to  learn  that  the 
bushwhacker  and  guerilla  can  defeat  the  most  respectable  Union  man  for  con 
stable  or  justice  of  the  peace  ;  or  to  the  courts,  to  learn  that  the  despised  "  Lin- 
colnite"  fails  to  get  justice  at  the  hands  of  a  rebel  jury,  and  that  the  putting  of 
a  negro  on  trial  is  equivalent  to  his  conviction  and  sentence  to  the  maximum 
penalty  of  the  law.  Yet  these  and  many  other  manifestations  betray  to  the 
resident  observer  the  malignant  temper  of  the  majority  of  our  people. 

A  party  exists  in  the  State,  which  is  every  day  becoming  more  and  more  com 
pact  ana  powerful,  which  sympathizes  with  the  men  and  principles  of  the  re 
bellion.  It  commands  every  agency  to  operate  upon  public  opinion.  It  has 
five  well-sustained  and  ably-edited  daily  papers  in  Memphis,  four  in  Nashville, 
one  in  Knoxville,  and  a  weekly  in  each  of  the  important  villages.  Their  par 
doned  but  talented  and  still  popular  leaders  are  with  them.  Hundreds  of  rebel 
ministers  who  glory  in  having  led  off  in  the  rebellion,  and  who  have  been 
throughout  the  war  the  bloodiest-minded  men  in  the  south,  are  still  in  the  con 
fidence  of  their  people.  All  these  appliances  acting  in  harmony  mould  public 
sentiment  as  they  please,  and  command  a  party  of  over  two-thirds  of  the  white 
men  of  the  State.  Free  from  restrictions  upon  suffrage,  they  will  probably  cast 
90,000  votes  in  the  State. 

It  is  a  sad  delusion  and  a  dangerous  mistake  to  suppose  that  this  hatred  of 
loyalty,  contempt  for  the  negro,  and  alienation  from  the  government,  are  con 
fined  to  the  politicians,  or  leaders  as  they  are  termed,  and  that  the  common  peo 
ple  have  been  all  the  time  loyal.  It  is  certainly  true  that  a  portion  of  the  south 
ern  people  went  into  the  rebellion  reluctantly,  and  that  a  few  were  actually  forced 
into  it.  But  it  is  equally  true  that  nine-tenths  of  those  who  went  in  reluctantly 
came  out  the  bitterest  of  rebels.  The  process  of  firing  the  southern  heart  and 
educating  the  southern  mind  for  treason  had  been  progressing  for  many  years, 
and  had  reached  all  classes.  Long  before  the  war  the  common  laborer  had 
learned  to  curse  the  Yankees  and  abolitionists,  and  to  talk  about  negro  equality 
and  his  rights  in  the  Territories.  Filled  with  murderous  hate,  they  have  fought 
four  years  against  their  country.  They  have  denounced  and  heard  it  denounced 
with  every  breath.  They  have  suffered  cold,  hunger,  and  wounds  in  an  effort 
to  destroy  it.  They  have  slain  its  defenders,  and  seen  their  comrades  fall  in  the 
same  cause.  The  laws  of  human  nature  forbid  the  idea  that  they  love  their 
country.  Indeed,  it  may  well  be  doubted  whether  the  capacity  for  patriotism  is 
not  extinguished  in  many  of  them. 

lour  memorialists  regret  to  say  that  as  yet  the  loyalists  of  East  Tennessee, 
brave  and  noble  as  they  are,  have  not  kept  pace  with  the  spirit  of  the  nation  in 
extending  civil  rights  to  the  negro,  and  consequently  there  exists  a  want  of 
harmony  among  ourselves ;  but  they  do  not  doubt  that  that  patriotic  but  rural 
people  will  soon  take  a  position  worthy  their  fame.  But  in  any  event,  all  legis- 


94  RECONSTRUCTION TENNESSEE. 

lation  looking  to  the  elevation  of  the  freedman  in  a  moral,  civil,  or  political 
point  of  view  must  come  from  Congress,  and  not  from  the  State  legislature.  It 
may  be  that  the  present  body  may  pass  some  favorable  laws — probably  they 
will ;  but  it  is  easy  to  see  they  will  be  swept  away  by  the  next  general  assembly. 
Supposing  the  supervising  power  of  the  general  government  to  be  withdrawn 
from  Tennessee,  and  assuming  that  to  some  extent  at  least  the  passions,  preju 
dices,  and  resentments  of  the  majority  of  the  people  will  be  reflected  in  their 
legislation,  it  is  not  difficult  to  anticipate  her  State  policy  and  the  character 
of  her  civil  and  judicial  administration.  It  may  be  safely  assumed — 

1.  That  so  far  as  possible  in  legislation,  the  bestowal  of  patronage,  and  the 
management  of  all  public  affairs,  the  late  rebels  will  be  the  preferred  class; 
and  that  all  the  acts  of  the  rebel  State  government,  including  the  removal  and 
the  destruction  of  the  State  banks  and  State  treasury,  the  disarming  and   con 
scripting  the  people,  and  the  impressment  of  their  property,  and  all  the  acts  of 
rebel  officers,  soldiers  and  guerillas,  will  be  legalized.     Those  who  have  been 
robbed,  wounded,  and  imprisoned  will  go  unredressed,  while  those  who  have 
inflicted  those  injuries  will  be  justified  in  law,  as  they  now  are  in  public  senti 
ment. 

2.  As  is  even  now  the  case  in  many  localities,  services  rendered  and  wounds 
received  in  the  confederate  cause  will  be  passports  to  preferment,  while  to  have 
taken  sides  with  the  cause  of  the  Union  will  be  equal  to  a  judgment  of  infamy, 
forever  consigning  the  offender  to  obscurity  and  disgrace. 

3.  If  the  legislature  does   not  vote  thanks  and  medals  to  southern  heroes, 
and  unite  with  other  southern  States  to  pay  the  confederate  debt,  it  will  be 
from  fear  or  policy,  and  not  from  want  of  sympathy  or  desire. 

4.  As  far  as  possible,  restrictions  will  be  thrown  around  the  freedom  of  the 
negro,  and  his  elevation  in  the  scale  of  being  discountenanced,  if  not  actually 
prohibted.     He  will  be  excluded  from  the  courts,  from  common  schools,  and 
probably  from  all  means  of  education,  from  business  and  privileged  occupations, 
and,  perhaps,  from  the  acquisition  of  property. 

Such,  we  apprehend,  will  be  some  of  the  results  of  well  known  laws  of  the 
public  mind.  And  it  requires  but  little  speculation  to  anticipate  still  further 
and  more  ulterior  results.  It  is  very  questionable  whether  East  Tennessee  will 
submit  to  a  rebel  government.  Her  people  will  not  tamely  succumb  to  those 
who  have  pursued  them  like  bloodhounds  for  four  years.  If  she  does  not  resist 
by  force,  she  will  refuse  her  revenues,  and  scorn  to  send  her  representatives  to 
take  seats  in  a  legislature  composed  of  rebel  officers  and  guerilla  leaders. 
Union  men  will  feel  that  they  have  lost  and  the  rebels  won,  and  that  their 
martyrs  have  fallen  in  vain.  Even  now,  in  many  localities  they  are  crushed  by 
the  power  of  numbers,  and  actually  afraid  to  speak  like  freemen. 

Loyal  emigrants  will  turn  aside  to  more  congenial  parts,  and  the  south  will 
be  left  to  herself,  to  resume  her  former  rate  of  progress. 

The  negro  will  be  forced  to  seek  an  asylum  in  other  lands,  or  perhaps  he  will 
become  a  declining  race,  relapse  into  barbarism  and  disappear  from  the  face  of 
the  earth  ;  an  effect  confidently  predicted,  and,  in  fact,  hoped  for  by  seces 
sionists. 

Your  memorialists  do  not  presume  to  point  out  the  means  of  preventing  the 
direful  results  they  have  attempted  to  foreshadow.  They  simply  ask  pro 
tection.  They  pray  that  the  government  will  not  forsake  them  by  withdraw 
ing  its  direct  agency  in  our  affairs,  thereby  delivering  them  over  to  their  tor 
mentors. 

Your  memorialists  will  say,  however,  that  they  desire  to  be  represented  in 
Congress.  The  loyal  people  of  Tennessee  have  not  forfeited  their  civil  rights 
by  the  misfortune  of  being  surrounded  by  rebels.  And  if  difficulties  should 
occur  hereafter,  as  is  to  be  feared,  in  that  event  they  desire  to  have  a  voice  in 
the  councils  of  the  nation.  But  if  our  form  of  government  is  such  that  to 


RECONSTRUCTION — TENNESSEE.  95 

admit  our  representatives  to  seats  in  Congress  will  compel  the  withdrawal  of 
the  supervising  control  of  the  national  government  over  our  internal  affairs, 
thereby  insuring  the  ascendency  of  the  rebel  majority,  your  memorialists  pre 
fer,  and  they  are  sure  the  loyal  people  of  the  State  would  prefer,  to  live  in  a 
territorial  condition,  and  even  under  a  military  government. 

From  the  rebel  yoke  they  pray  to  be  saved.  From  such  a  fate  we  rely  upon 
the  power  of  the  nation  to  rescue  us.  In  behalf  of  ourselves,  in  behalf  of  the 
devoted  loyalists  of  the  State,  of  whatever  color,  and  in  behalf  of  our  posterity, 
we  appeal  to  that  government  we  love  and  have  served  to  save  us  and  them 
from  the  power  of  those  who  have  inflicted  upon  us  every  conceivable  injury 
We  are,  most  respectfully,  your  obedient  servants, 

JOHN  SCHIMMLER. 

FERDINAND  KUHN. 

A.  W.  HAWKINS. 

A.  LOVERING,   Chairman  pro  tern. 

E.  P.  CONE. 

WILLIAM  HEYDT. 

A.  J.  FLETCHER. 

N.  DERBY. 

A.  S.  THURNECK. 

ROBERT  WEITMULLER. 

GERVAS  HAURG. 

JULIUS  BRIESEN. 

R.  LEHMANN. 


STATE  OF  TENNESSEE, 

Executive  Department,  Nashville,  November  13,  1865. 
To  all  who  shall  see  these  presents,  greeting: 

I,  William  G.  Brownlow,  governor  of  the  State  of  Tennessee,  do  hereby  cer 
tify  that  at  a  general  election,  opened  and  held  in  said  State  on  the  first  Thurs 
day  in  August,  A.  D.  1865,  for  the  purpose  of  electing  representatives  of  the 
State  of  Tennesse  in  the  39th  Congress  of  the  United  States,  Horace  "May- 
nard,  of  the  county  of  Knox,  was  regularly  elected,  in  accordance  with  the  laws 
of  the  State  of  Tennessee  and  of  the  United  States,  representative  in  said  Con 
gress  from  the  second  congressional  district,  composed  of  the  counties  of  Clai- 
borne,  Union,  Knox,  Campbell,  Scott,  Morgan,  Anderson,  Blount,  Monroe,  Polk, 
McMinn,  Bradley,  and  Roane. 

And  I  do  therefore  commission  the  said  Horace  Maynard,  representative  in 
Congress  as  aforesaid,  during  the  term  and  with  all  the  powers,  privileges,  and 
emoluments  appertaining. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  caused  the 
great  seal  of  the  State  of  Tennessee  to  be  affixed,  at  the  department  in  the  city 
of  Nashville,  this  13th  day  of  November,  1865. 

[SEAL.]  W.  G.  BROWNLOW. 

By  the  governor : 

A.  J.  FLETCHER,  Secretary  of  State. 


STATE  OF  TE\NESSEE, 

Executive  Department,  Nashville,  November  13,  1865. 
To  all  who  shall  see  these  presents,  greeting: 

I,  William  G.  Brownlow,  governor  of  the  State  of  Tennessee,  do  hereby  cer 
tify,  that  at  a  general  election  for  representatives  of  the  State  of  Tennessee  in 


9  6  RECONSTRUCTION TENNESSEE. 

the  39th  Congress  of  the  United  States,  opened  and  held  in  said  State  on  the 
first  Thursday  of  August,  A.  D.  1865,  William  B.  Stokes,  of  the  county  of  De 
Kalb,  was  regularly  elected,  in  accordance  with  the  laws  of  the  State  of  Ten 
nessee  and  of  the  United  States,  representative  in  said  Congress  from  the  third 
congressional  district,  composed  of  the  counties  of  Meigs,  Rhea,  Hamilton, 
Marion,  Grundy,  Bledsoe,  Van  Buren,  Sequatchie,  Warren,  White,  Smith,  Cum 
berland,  Putnam,  Jackson,  Macon,  Overtoil,  DeKalb  and  Fentress. 

And  I  do  therefore  commission  the  said  William  B.  Stokes,  representative  in 
said  Congress  as  aforesaid,  during  the  term  and  with  all  the  powers,  privileges, 
and  emoluments  appertaining. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  caused  the 
r          -1     great  seal  of  the  State  of  Tennessee  to  be  affixed,  at  the  department 
in  the  city  of  Nashville,  this  13th  day  of  November,  1865. 

W.  G.  BROWNLOW. 

By  the  governor : 

A.  J.  FLETCHER,  Secretary  of  State. 


STATE  OF  TENNESSEE, 

Executive  Department,  Nashville,  November  25,  1865. 

I,  William  G.  Brownlow,  governor  of  the  State  of  Tennessee,  do  hereby  certify 
that  at  a  general  election  opened  and  held  in  the  State  of  Tennessee,  on  the  first 
Thursday  in  August,  1865,  for  representative  from  said  State  in  the  thirty-ninth 
Congress  of  the  United  States,  Samuel  M.  Arnell  was  regularly  elected,  in  accord 
ance  with  the  laws  of  the  State  of  Tennessee  and  of  the  United  States,  repre 
sentative  in  said  Congress  from  the  sixth  civil  district,  composed  of  the  counties 
of  Lawrence,  Wayne,  Hardin,  Decatur,  Perry,  Lewis,  Maury,  Hickmau,  Hum 
phreys,  Dickson,  Montgomery,  and  Stewart. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  caused  the 
r          1  great  seal  of  the  State  to  be  affixed,  at  the  department  in  the  city  of 
J  Nashville,  the  25th  day  of  November,  A.  D.  1865. 

W.  G.  BROWNLOW. 
By  the  governor: 

A.  J.  FLETCHER,  Secretary  of  State. 


THIRTY-NINTJJ  CONGRESS  UNITED  STATES, 

House  of  Representatives,  Washington,  D.  C.,  February  26,  1866. 
SIR  :  I  herewith  respectfully  present  the  statements  of  R.  Hough,  esq.,  internal 
revenue  tax  collector  for  the  Memphis  district,  and  request  that  it  be  treated  as 
a  part  of  my  statement  of  a  late  date  in  which  I  alluded  to  the  facts  herein  more 
definitely  set  forth. 

I  also  beg  to  mention  that  I  learn  from  George  H.  Ellery,  esq.,  formerly  United 
States  cotton  purchasing  agent  at  Memphis,  that  during  seventy-five  days  the 
profits  to  the  government,  as  the  25  per  cent,  tax  on  cotton  through  his  office,  was 
in  round  numbers  one  million  seven  hundred  and  fifty  thousand  (1,750,000) 
dollars. 

I  am,  sir,  with  much  respect,  your  obedient  servant,  &c., 

JOHN  W.  LEFTWICH, 

Member  of  Congress  Elect,  Sfk  district    Tennessee. 
Hon.  Senator  GRIMES,  of  the  Reconstruction  Committee. 


RECONSTRUC  TION — TENNESSEE. 


97 


Statement  of  assessments  and  collections  in  the  first  district,   State  of  Ten 
nessee,  from  October  19,  1863,  to  January  1,  1866. 


Date. 

Monthly  as 
sessments. 

Annual  lists. 

Collections. 

October   J863    

$28,  178  87 

$20,  135  62 

$16,070  35 

November    1863               .... 

33,269  88 

32,429  71 

32  279  92 

December   1863 

25,560  81 

68  9f56  46 

31  525  14 

January,  1864         ....    .................. 

21,476  28 

180,631  71 

34,870  42 

February   1864 

42,232  75 

47  894  28 

March   1  864 

111  317  27 

119  796  51 

April  1864 

109  483  46 

120  253  99 

May   1864 

120,971  06 

124  146  96 

June   1864 

23  059  25 

25  939  83 

July    1864     

24,419  65 

33,154  02 

August  1864 

14  309  78 

32,770  61 

September    1864 

8  913  78 

30  922  11 

October,  1864    

108,889  93 

39,  063  09 

November    1  864 

88  916  87 

146  307  97 

December   1864 

30  279  81 

49  902  48 

January  1  865 

80  466  80 

92,940  82 

February  1865 

94  405  58 

92  277  24 

March,  1865  

126,861  55 

124,867  98 

April  1865 

49  339  72 

53  964  25 

May   1865 

143  256  37 

182  077  78 

June,  1865  .. 

106  143  43 

110,929  26 

July    1865 

128  674  25 

173  150  07 

August,  1865  

177,406  11 

193,  313  92 

September,  1865 

191  660  39 

207,896  41 

October   1865 

283  238  48 

306,443  25 

November   1865 

185  832  38 

188  186  82 

December   1865 

245  105  05 

226,772  33 

Total 

2  603  669  56 

302  163  50 

2  842  747  81 

R.  HOUGH,  Collector. 


UNITED  STATES  INTERNAL  REVENUE, 
COLLECTOR'S  OFFICE,  FIRST  DISTRICT,  STATE  OF  TENNESSER, 

Memphis,  Tennessee,  January  30,  1866. 

MY  DEAR  SIR:  In  consequence  of  the  constant  press  of  business  in  my  office, 
I  have  procrastinated  the  delivery  of  the  enclosed  statement  until  this  late  day, 
for  no  other  reason  than  that  so  much  was  on  hand  to  be  done  that  I  did  not  like 
to  set  clerks  at  anything  that  was  not  strictly  office-work.  My  only  regret  now 
is  that  I  cannot  give  you  so  elaborate  a  statement  of  facts  connected  with  the 
collection  of  over  three  millions  of  revenue  (adding  the  stamp-sales  to  the  en 
closed)  as  I  would  wish,  for  want  of  time.  You  will  recollect  that  our  city  was 
captured  by  the  federal  fleet  on  the  6th  of  June,  1862,  previous  to  which  large 
drafts  were  made  on  its  inhabitants  by  the  rebel  leaders  for  the  support  of  their 
army.  When  the  federal  flag  was  hoisted  here  it  floated  over  a  city  of  less 
than  thirty  thousand  people,  with  no  commerce,  limited  resources,  and  no  trade 
from  river  or  country.  The  government  collected  the  larger  portion  of  the  rents 
during  1862  and  1863  ;  besides,  heavy  taxes  were  paid  on  the  demands  of  mili 
tary  commanders,  and  all  shipments  to  and  from  the  city  were  taxed  by  the 
Secretary  of  the  Treasury;  so  that  I  think  I  am  safe  in  saying  that  the  internal 
revenue  collected  per  the  enclosed  statement  does  not  amount  to  more  than  one- 
third  of  the  taxes  paid  by  our  people.  The  assessor  commenced  his  labors 
some  time  in  June,  1863,  but  he  dated  his  assessments  back  to  September,  1862, 
7  T 


98  BECONSTRUCTION — TENNESSEE. 

I  commenced  collection  about  the  1st  of  November,  1863,  at  which  time  I  Lad 
two  annuals  to  collect  for  1862  and  1863,  and  before  these  were  closed  up  the 
annual  for  1864  had  been  assessed  and  the  special  five  per  cent,  tax  on  the  in 
comes  of  1863.  You  will  remember  that  the  civil  courts  were  suspended  during 
this  time,  and,  in  fact,  have  but  recently  been  fully  re-established,  and  this  was 
the  only  office  that  did  not  exist  by  and  depend  on  military  sufferance  and  rule ; 
yet  I  think  I  am  safe  in  saying  that  our  people  have  paid  their  revenues  to  the 
government  collector  as  promptly  and  apparently  as  cheerfully  as  in  any  por 
tion  of  the  United  States.  I  have  never  been  obliged  to  levy  upon  any  man's 
effects  to  secure  his  revenue  due  to  the  government,  and  though  personally  an 
austere  man,  I  think  the  tax-collector  is  as  much  in  the  favor  of  the  people  at 
large  as  it  is  possible  for  any  man  to  be  in  like  circumstances  anywhere  in  the 
land.  I  do  not  intend  to  convey  the  idea  that  the  collector  possesses  qualities 
to  make  him  popular  notwithstanding  his  office,  but  that  the  people  in  this  dis 
trict,  so  far  as  they  have  been  reached,  respond  as  cheerfully  to  the  demands 
of  the  government  as  they  do  in  any  State  in  the  Union.  A  Boston  merchant 
of  some  note  lately  said  to  me,  "  Tell  me  how  your  people  pay  their  taxes,  and 
I  will  myself  judge  of  their  loyalty."  By  this  rule,  I  am  inclined  to  the  opin 
ion  that  we  should  vie  with  Boston  herself;  but  being  a  Bostonian  originally,  I 
don't  like  to  make  any  comparisons. 

Trusting  that  the  enclosed  will  be  of  service  to  you,  I  am,  very  respectfully, 
your  obedient  servant, 

R.  HOUGH,   Collector. 

Hon.  JOHN  W.  LEFTWICH,  Washington,  D.  C. 


WASHINGTON,  January  26,  1866. 

GENTLEMEN  :  In  answer  to  your  inquiries,  I  have  the  honor  to  state : 
I.  That  the  loyal  people  of  the  State  of  Tennessee  assembled  in  convention 
at  Nashville  on  the  8th  day  of  January,  1866,  and  proceeded  to  organize  the 
government  of  the  State.  They  adopted  an  amendment  to  the  constitution 
abolishing  slavery  forever  in  the  State.  They  adopted  a  schedule  to  the  con 
stitution,  in  which — 

1.  They  repudiated  the  rebel  debt  contracted  to  carry  on  the  war. 

2.  They  declared  the  ordinance  of  secession  void  ab  initio,  and  all  the  legis 
lative  acts  passed  by  the  legislature  at  its  different  sessions  from  the  6th  of  May, 
1861,  inoperative  and  void. 

3.  They  provided  that  all  the  acts  of  Andrew  Johnson  as  military  governor, 
together  with  his  appointments  to  office,  valid  and  binding. 

4.  They  provided  for  the  election  of  a  general  assembly  to  be  held  on  the  4th 
of  March,  1865,  as  well  as  for  the  election  of  a  governor. 

5.  They  declared  that  the  amendments  so  proposed  should  be  submitted  to 
the  people  for  ratification  or  rejection  on  the  22d  day  of  February,  1865. 

II.  On  the  22d  day  of  February,  1865,  the  amendment  and  schedule  were 
submitted  to  the  people,  and  adopted  almost  unanimously. 

III.  On  the  4th  day  of  March,  1865,  the  governor,  William  G.  Brownlow, 
was  elected,  and  the  members  of  the  legislature,  gentlemen  who  for  "  uncon 
ditional  Unionism"  will  compare  favorably  with  the  same  number  of  gentlemen 
selected  from  any  State  in  the  Union. 

IV.  On  the  3d  day  of  April,  1865,  the  legislature  met  at  Nashville,  and  in  a 
few  days  thereafter  the  governor  was  inaugurated,  and  that  civil  government 
for  the  State  has  been  in  successful  and  peaceable  operation  ever  since. 

V.  One  of  the  first  acts  passed  by  the  legislature  was  one  ratifying  the 
amendment  to  the  Constitution  of  the  United  States  abolishing  slavery.     It 
passed  unanimously. 


\ 


RECONSTRUCTION TENNESSEE.  90 

VI.  The  legislature  enacted  a  franchise  law,  disfranchising  all  rebels  for  the 
space  of  five  years  who  had  not  participated  in  either  one  of  the  last  elections, 
and  by  which  a  large  number  of  the  qualified  voters  were  prohibited,  because  of 
their  treason,  from  participation  in  the  subsequent  elections. 

VII.  The  legislature  provided  for  the  congressional  elections  by  dividing  the 
State  into  eight  congressional  districts,  and  by  electing  two  senators.     Since 
that  time  the  civil  government  of  the  State,  under  its  present  loyal  organiza 
tion,  has  been  in  uninterrupted  and  successful  operation  all  over  the   State, 
No  obstacles  have  been  put  in  the  way.     I  have  in  my  possession,  and  which  I 
will  produce  for  the  inspection  of  the  committee,  if  desired,  printed  copies  of  th^ 
proceedings  of  the  convention  of  January  8,  1865,  as  well  as  the  acts  and  reso 
lutions  of  the  April  session  of  the  general  assembly. 

VIII.  The  election  for  Congress  was  held  on  the  first  Thursday  in  August, 
1865.  the  regular  day,  and  everything  passed  off  harmoniously  and  quietly. 
This  result  was  extremely  gratifying  to  the  loyal  men  of  the  State.     The  mem 
bers  elected  are  known  to  have  been  loyal  to  the  government,  and  have  all  complied 
with  the  law  of  the  land. 

IX.  I  can  say  fearlessly,  from  an  intimate  personal  acquaintance  with  the 
eople  of  the  fourth  congressional  district,  composed  o£  the  counties  of  Ruther 
ford,  Cannon,  Coffey,  Franklin,  Lincoln,  Giles,  Marshal,  and  Bedford,  and  which 
I  have  the  honor  to  claim  to  represent,  and  where  there  are  no  federal  soldiers, 
and  have  not  been  any,  except  in  Rutherford  county,  since  the  1st  of  July,  1865, 
that  peace  and  quiet  and  complete  obedience  to  law  prevail.     No  difficulties  of 
any  kind  ;  law  and  order  are  everywhere  observed.     The  United  States  asses 
sors  and  collectors  visit  every  part  of  the  district  unguarded  and  alone  ;   are 
promptly  paid  and  kindly  treated.     The  United  States  marshal  needs  no  mili 
tary  force  to  enable  him  to  do  his  duty.     The  white  men  and  the  freedmen  live 
harmoniously  together.     Contracts  are  made  between   them,  liberal,  just,  and 
satisfactory,  and  are  faithfully  performed  by  both  parties.     No  complaints  are 
t)eing  made.     All  recognize  the  government  of  the  United  States  as  the  supreme 
law  of  the  land.     They  most  earnestly  desire  to  be  once  more  fully  restored  to 
the  benefits  of  its  protection,  so  that  they  can  once  more  feel  that  they  are 
American  citizens. 

I  fully  believe  that  the  United  States  troops  might  be  withdrawn  any  day, 
and  the  present  State  government  would  be  protected  and  guarded  until  the 
expiration  of  its  term  without  molestation  or  danger.  It  seems  to  me  that  the 
people  feel  the  necessity  of  peace  and  law  and  order,  and  they  intend  to  have  it. 

The  legislature  has  passed  all  laws  necessary  for  the  protection  of  the  freed 
men,  and  there  is  but  one  single  case  in  which  the  punishment  of  the  white  man 
differs  from  that  of  the  freedman,  and  that  is  in  the  case  of  rape,  or  assault  with 
intent  to  commit  raj.  e,  on  the  person  of  a  white  woman. 

The  recognition  of  the  present  State  government  by  the  Congress  of  the  United 
States,  the  admission  of  its  senators  and  representatives,  in  the  full  restoration  of 
the  State  to  an  equality  with  the  other  States  in  the  government,  will  give  con 
fidence  and  happiness  to  those  citizens  of  the  State  who,  through  all  the  horrors 
of  this  cruel  and  unjust  rebellion,  have  maintained  their  integrity  to  the  national 
flag,  and  who  loved  their  country  too  well  to  betray  it  into  the  hands  of  traitors. 

if  Congress  will  recognize  us  as  worthy  of  being  admitted  to  our  seats  in  the 
Senate  and  House  of  Representatives,  thus  giving  to  us  the  moral  weight  of  their 
action,  we  can,  without  doubt,  preserve  and  protect  the  loyal  people  of  the  State. 
If,  on  the  contrary,  we  are  treated  as  if  we  were  rebels,  as  if  we  had  sinned, 
when  we  have  not,  then,  of  course,  our  influence  is  gone,  and  we  can  no  longer 
hope  to  be  able  to  control  the  political  destinies  of  the  State. 
Respectfully, 

COOPER. 


100  RECONSTRUCTION— TENNESSEE. 

WASHINGTON,  January  29,  1866. 
To  the  honorable  gentlemen  of  the  "Reconstruction  Committee:" 

GENTLEMEN  :  In  compliance  with  suggestions'  from  the  Hon.  Senator  Grimes, 
I  respectfully  submit  these  my  opinions,  with  the  reasons  therefor,  in  relation 
to  the  loyalty  and  present  feelings  of  the  people  whom  I  have  the  honor  to 
represent. 

Since  the  first  occupation  of  Memphis  by  the  national  forces,  in  June,  1862, 
no  spirit  of  discontent  or  insubordination  has  ever  manifested  itself;  and 
though  we  have,  in  addition  to  the  usual  taxes,  been  compelled  most  of  the 
time  to  pay  from  three  to  five  per  cent,  tax  on  all  merchandise  shipped  to  Mem 
phis,  and  twenty-five  per  cent,  and  four  cents  per  pound  on  all  cotton  shipped 
from  Memphis,  and  two  dollars  per  bale  military  tax,  and  other  military  taxes  ad 
injinitum — amounting,  in  the  aggregate,  to  millions  of  dollars — it  has  been 
promptly  paid  without  complaint. 

Our  "  internal  revenue  tax  collector"  now  proudly  asserts  that  his  collections 
have  been  made  with  a  promptness  above  the  average  of  northern  cities,  and 
that  the  disgraceful  attempts  to  defraud  the  government,  so  prevalent  elsewhere, 
are  comparatively  unknown  in  Memphis. 

When  our  army  was  needed  actively  on  other  fields,  and  that  portion  remain 
ing  at  Memphis  was  inadequate  to  protect  the  immense  army  stores  there  col 
lected,  our  entire  able-bodied  male  population,  amounting  to  many  thousands, 
was  organized,  armed,  and  equipped  for  active  militia  duty;  many  having  to 
remain  on  duty  all  the  time,  and  all  compelled  to  suspend  business  for  the  pur 
pose  of  drilling  from  one  to  two  days  in  each  week  ;  and  such  was  their  conduct 
on  several  occasions  of  threatened  attack,  as  to  call  forth  the  congratulatory 
orders  of  the  commanding  generals,  to  one  of  whom,  the  "  Hon.  R.  P.  Buck- 
land,"  I  respectfully  refer. 

We  also  furnished  our  quota  in  the  last  draft. 

The  crops  of  1863,  '64,  and  '65,  in  "West  Tennessee,"  were  not  cultivated- 
by  involuntary  servitude,  but  by  compensated  labor;  and  the  result  of  the  three 
years'  experience  is,  that  our  colored  population  have  learned  the  important 
lesson  that  a  good  and  trusty  laborer  will  command  better  wages  than  a  bad 
one;  and  our  white  population,  who  own  the  land,  have  learned  the  equally 
important  lesson  that  he  who  pays  wages  promptly,  and  fairly,  and  otherwise 
honestly  redeems  his  obligations  to  the  employe,  will  surely  procure  the  best 
and  most  reliable  laborers. 

The  prejudice  that  did  at  one  time  exist  against  the  negroes  as  freedmen 
remaining  in  our  State  has  been  most  effectually  dispelled  by  a  remembrance 
of  their  good  qualities  during  the  war;  and,  by  self-interest,  the  most  potent  of 
all  arguments,  reminding  us  that  the  profitable  cultivation  of  our  rich  and  pro 
ductive  lands  requires  twice  the  number  of  laborers  now  there. 

In  view  of  this  desire  to  retain  these  laborers  in  our  State,  I  believe  there  is 
n-o  disposition  on  the,  part  of  our  citizens  to  impose  illiberal  terms  on  those  they 
employ  ;  and  I  know  they  have  not  the  ability  to  do  so,  as  the  demand  for  labor 
is  so  much  in  excess  of  the  supply  as  to  give  all  the  advantage  to  the  employe". 

The  only  relic  of  slavery  now  seen  in  our  midst  is  the  frequent  practice,  by 
agents  of  the  "  Freedinen's  Bureau,"  (generally  understood  to  be  for  a  considera 
tion,)  of  compelling  negroes  to  make  unwilling  contracts  with  parties  with 
whom  they  do  not  desire  to  live. 

I  am  fully  persuaded  that,  if  left  to  a  vote  of  the  former  slave-owners  of  my 
district,  they  would  now  vote  by  a  large  majority  against  assuming  the  moral 
responsibility  of  re-enslaving  the  negroes. 

I  am  sure  that  the  colored  laborers  of  this  district  will  make  more  money 
this  year  than  any  equal  number  of  white  laborers  in  States  north  of  the  cotton 
producing  region.     , 


RECONSTRUCTION — TENNESSEE.  .  101 

During  my  contest  for  my  present  position  I  travelled  on  horseback,  alone 
much  of  the  time,  through  the  entire  district;  and  though  my  Union  sentiments, 
already  notorious,  were  plainly  and  boldly  proclaimed  day  after  day,  I  did  not 
hear  a  rude  or  impolite  expression-,  though  the  country  was  full  of  returned 
rebel  soldiers,  who  might  be  expected  to  have  been  smarting  under  a  "franchise 
law"  that  was  odious  even  to  Union  men. 

I  had  four  opponents,  each  trying  to  prove  himself  a  better  Union  man  than 
the  rest,  and  all  surpassing  me  in  political  ability,  yet  I  was  elected  by  a  hand 
some  majority,  only  because  I  was  able  to  show  a  more  consistent  Union  record 
than  either. 

One  other  opponent  issued  a  circular  claiming  votes  as  an  original  sympa 
thizer  with  the  rebellion,  but  met  such  poor  encouragement  that  he  withdrew 
without  completing  the  contest. 

During  December,  hearing  many  reports  in  Washington  prejudicial  to  the 
loyalty  arid  good  conduct  of  my  constituents,  I  determined  to  take  no  hearsay, 
but  go  home  and  see  for  myself  if  such  rumors  had  any  foundation  in  fact. 
The  result  was,  I  found  my  people  contented,  hopeful,  industrious,  and  happy, 
considering  this  as  their  only  government,  with  no  willingness  to  injure  it,  but 
an  earnest  desire  to  make  it  better  and  stronger  than  ever. 

I  heard  no  man  of  influence  oppose  allowing  the  negroes  to  testify  in  our 
courts,  and  to  own  and  bequeath  property,  &c. 

On  the  28th  of  December  two  members  to  the  State  legislature  were  elected 
in  Memphis  and  Shelby  county,  both  of  whom  favored  the  above  movement, 
and  have  since  succeeded  in  making  it  the  law  of  the  State. 

To  learn  the  condition  of  a  portion  of  my  district  to  which  I  could  not  go, 
I  wrote  to  a  friend,  (an  appointee  under  Governor  Brownlow,  whom  I  knew 
to  be  loyal  and  truthful,  and  possessed  of  unusual  facilities  for  knowing  the 
real  feelings  of  the  people,)  telling  him  of  the  reports  coming  to  Washington, 
and  asking  if  such  were  the  facts. 

I  respectfully  annex  his  reply  as  part  of  this  statement. 

In  conversation  with  the  deputy  United  States  marshal,  who  had  been  through 
West  Tennessee  on  official  business,  of  such  an  unpopular  nature  as  to  induce 
him  to  have  a  military  escort,  he  said,  "  I  was  met  in  such  a  friendly  man 
ner  and  treated  with  such  cordial  hospitality,  that  I  was  ashamed  of  having  an 
escort,  and  made  it  convenient  to  be  away  from  them  most  of  the  time." 

I  have  just  received  a  letter  from  "J.  M.  Hill,  esq.,"  to  whom  every  military 
commander  at  Memphis  has  awarded  the  first  position  in  point  of  loyalty  and  reli 
ability,  and  possessing  general  information,  in  which  he  takes  occasion  to  say, 
"  We  need  no  troops  at  Memphis ;  but  if  the  government  desires  to  retain  a  fe\v 
here,  one  company  of  white  regulars  would  be  an  abundance." 

From  personal  knowledge  in  many  instances,  and  reliable  information  in 
others,  I  am  able  to  say  that  most  of  the  reports  coming  to  Washington  against 
the  loyalty  and  good  conduct  of  Tennesseaus  come  from  those  who  have  been 
defeated  for  office,  or  who  now  hold  positions  by  appointment,  and  know  that 
their  personal  unpopularity  will  prevent  them  from  retaining  it  when  left  to  the 
people  ;  and  as  our  county  elections  ought  legally  to  be  held  in  March,  it  is  the 
desire  of  this  class  to  make  excusable  the  filling  of  these  positions  by  appoint  - 
ment  instead  of  the  ballot. 

There  are,  no  doubt,  occasional  local  disturbances  in  our  State,  (that  our  civil 
officers  are  entirely  able  to  subdue,  however,)  but  these  all  grow  out  of  old  per 
sonal  animosities  engendered  during  the  war,  and  not  arising  from  any  rebel 
lious  spirit  towards  the  general  government. 

These  disturbances  are  much  less  frequent  in  my  part  of  the  State  than  else 
where,  owing  to  the  fact  that  the  army  maintained  uninterrupted  control  there 
after  its  first  occupation. 

Instead  of  there  existing  an  animosity  against  consistent  Union  men  who  have 


102  RECONSTRUCTION TENNESSEE. 

i 

no  used  their  influence  to  the  unfair  injury  of  those  who  have  disagreed  with 
them  in  politics,  they  are  really  the  most  popular  men  in  the  country;  as  it  is 
through  their  influence,  mainly,  that  all  expect  finally  to  he  reinstated  in  theen- 
joyrneut  of  all  their  lost  privileges  and  blessings. 

It  is  the  opinion  of  myself,  as  well  as  of  most  of  the  best  informed  with  whom 
I  have  talked,  (among  them  our  lamented  President  Lincoln,)  that,  notwith 
standing  so  many  of  our  people  were  subsequently,  by  various  influences,  forced 
into  the  rebellion,  the  election  in  Tennessee  in  February,  1861,  was,  and  is, 
the  true  criterion  of  the  loyalty  of  our  State ;  at  which  we  gave  a  majority, 
as  I  remember,  of  65,000  against  "separation,"  (thought  to  be  a  more  palatable 
term  than  "secession,")  and  nearly  that  number  against  even  calling  a  conven 
tion  to  discuss  it. 

When  Mr.  Johnson  assumed  the  presidential  chair  he  was  more  odious  to 
the  southern  people  and  more  feared  by  them  than  any  man  now  in  the  north  ; 
yet  he  is  now  by  these  same  people  as  universally  beloved  and  honored,  ju^t 
in  return  for  evidencing  a  kind  and  forgiving  spirit. 

Like  causes  produce  like  results  ;  and  it  is  now  in  the  power  of  the  Congress 
of  the  United  States  to  produce  in  the  feelings  of  the  masses  of  the  southern 
p'-ople  this  same  favorable  change  towards  them. 

Every  kind  word  uttered  here  goes  as  a  healing  balm  to  the  wounded  spirit 
of  our  people,  and  is  as  welcome  as  the  olive  branch  brought  by  the  returning 
dove  to  the  ark. 

I  have  said  much  more  than  I  intended.  The  assertions  made  are  suscepti 
ble  of  proof.  The  opinions  expressed  are  well-matured  convictions,  based  on 
a  thorough  acquaintance  with  the  facts  from  which  they  are  deduced. 

I  regret  that  I  cannot  close  without  expressing  the  belief  that  the  treatment 
our  people  are  now  receiving  is  well  calculated  to  produce  that  state  of  feeling 
now  falsely  said  to  exist,  though  I  have  no  fear  of  such  a  result  in  my  imme 
diate  district,  as  such  is  the  desire,  and  so  favorable  the  opportunity,  to  mend 
their  ruined  fortunes,  that  they  now  look  with  much  more  interest  to  the  fluctu 
ations  of  the  cotton  market  than  to  the  proceedings  of  Congress,  believing,  cor 
rectly,  that  there  is  no  surer  way  to  obtain  the  good  opinion  of  others  than  by 
industriously  attending  to  their  own  business. 

Hoping  that  nothing  I  have  said  will  have  an  influence  to  secure  my  admis 
sion  to  a  seat  in  Congress  until  my  people  can  be  trusted  as  Iltnow  they  deserve 
to  be, 

I  have  the  honor,  gentlemen,  to  remain,  very  respectfully,  your  obedient 
servant, 

JOHN  W.  LEFTWICH, 

Eighth,  District,  Tennessee. 

The  undersigned  beg  leave,  in  compliance  with  the  request  of  the  cou- 
gnv.-sional  Committee  on  Reconstruction,  to  submit  the  following  in  relation  to 
the  present  State  government  of  Tennessee: 

1.  The  government  was  organized  by  a  convention  of  the  loyal  citizens  Jan 
uary  8,  1865,  ratified  by  popular  vote  February  22,  1865;  governor  and  legis 
lature  elected  March  4,  1865;  inducted  into  office  April  3,  1865.     So  that  the 
government  has  been  in  practical  operation  nearly  ten  months. 

2.  When  the  organization  began,  the  rebel  army  under  Hood  had  just  been 
defeated  and  routed  before  Nashville ;  the  hostile  forces  were  still  in  the  field  ; 
guerillas  overran  some  portions  of  the  State;  our  Union  soldiers  were,  some  of 
them,  in  service  on  the  Atlantic  seaboard.     There  was  no  mail  communication  ; 
heavy  rains  had  swollen  our  numerous  streams ;  so  that,  iu  many  places,  the 
single  ballot-box  for  a  whole    countv  was  inaccessible,  and  the  vote  failed  to 
develop  the  whole  loyal  strength.     Yet  it  is  believed,  and  confidently  asserted, 


RECONSTRUCTION TENNESSEE.  103 

that  the  result  met  the  entire  approval  of  every  loyal  citizen,  and  the  acqui 
escence  of  many  who  had  been  disloyal. 

3.  From  the  meeting  of  the  legislature,  the  3d  of  April,  1865,  and  the  induc 
tion  into  office  of  the  governor,  the  government,  so  organized,  has  had  entire 
and  unresisted  control  of  the  whole  State,  in  every  department  of  administra 
tion,  executive,  legislative,  and  judicial,  including  the  conservation  of  the  public 
peace.     The  legislature  continued  in  session  until  into  June;  adjourned  to  the 
1st  of  October ;   again  assembled,  and  is  still  in  session.     The  governor  and 
other  executive  officers  have  discharged  the  functions  usual  to  their  respective 
offices.     The  courts  of  every  grade,  up  to  that  of  last  resort,  the  supreme  court, 
have  held  their  regular  terms  all   over  the   State,  and  have  been  open  for  the 
hearing  of  all  pleas,  civil  and  criminal. 

4.  The  first  act  of  the  legislature,  by  unanimous  vote,  ratified  the  recent  amend 
ment  of  the  national  Constitution  in  accordance  with  an  amendment  of  similar 
import  made  to  the  State  constitution.     The  election  of  senators  followed,  and 
legislative  provision  for  the  election  of  members  of  Congress.     A  law  of  fran 
chise  was  passed,  adding  one  qualification  to  the  elector,  additional  to  the  pre 
existing  loyalty,  and  providing  for  the  registration  of  the  voters. 

5.  The   election  was   held   at  the  usual  time  in  August,  and  persons  elected 
whose  loyalty  has  been  unequivocal,  and  will  abide  the  test  of  the  official  oath. 
The  number  of  votes  cast  was  sixty-one  thousand,  nine  hundred  and  seventy, 
not  far  from  the  number  usually  cast  by  each  of  the  two  parties  into  which  the 
State  was  almost  equally  divided  before  the  war.     The  governor,  deeming  it 
his  duty,  under  the   act  of  Congress  of  3d  March,  1863,  to  certify  whether  the 
election  was  regularly  held   according  to  the  laws  of  the  State,  and  also  to  be 
informed  as  to  the  practical  working  of  the  late  registry  laws,  instituted  an 
inquiry,  and  rejected  the  votes  of  several  of  the  counties  for  informality  and  a 
failure  to  comply  with  the  recent  law,  on  the  part  of  officers  intrusted  with  the 
novel  duty  of  registration. 

At  this  election  there  was  no  military  force  present  anywhere  at  the  ballot- 
box  ;  nor  was  there,  so  far  as  known,  the  slightest  disturbance  or  disorder.  A 
military  force  has  remained  in  the  State,  under  Major  General  Thomas,  to  sup 
port  and  sustain  the  civil  government.  One  prominent  arrest  was  made  on  the 
charge  of  sedition  and  scurrilous  libel  against  the  President  of  the  United  States  ; 
but  in  general  the  military  has  been  felt  only  in  the  moral  effect  of  its  presence 
as  a  power  which  the  civil  authority  might  at  any  time  invoke. 

6.  No  general  election  has  since  been  held  in  the  State.     On  the  first  Satur 
day  of  March  next  elections  will  be  held  for  sheriffs  and  other  county  officers 
in  the  several  counties  of  the  State. 

7.  The  general  legislation  so  far  has  looked  to  the  restoration  of  our  State 
credit  and  the  re-establishment  of  our  financial  prosperity.     A  revenue  system, 
(the  public  debt  increased  twenty-five  per  cent,  by  the  accumulation  of  interest 
during  the  war,  the  rebel  debt  having  been  repudiated  by  the  people,)  the  banks, 
the  railroads,  the  public  schools,  and  the  squandered  school  fund,  the  eleemosyn 
ary  institutions,  have  received,  as  they  demanded,  primeattention.  It  is  not  strange 
that  the  novelty  arid  importance  of  the   questions  arising  in  such  connexion 
should  occasion  honest,  even  obstinate,  diversity  of  opinion. 

8.  The  two  subjects,  however,  occasioning  the  most  declared  and  unyielding 
difference,  are  the  rebels  and  the  freedmen.     It  becomes  necessary  in  various 
ways  to  define  their  respective  privileges,  both  having  been  to  a  certain  extent 
outlawed — the  former  bv  reason  of  their  conduct,  the  latter  by  reason  of  their 
slavery.     What  some  insist  upon  as  a  wise  and  politic  liberality  towards  the 
rebels  is  branded  by  others  as  copperheadism,  if  not  downright  treason.     What 
some  regard  as  but  sheer  justice  to  the  freedmen,  and  a  necessary  safeguard 
against  the  reassertion  of  the  rebel  sentiment,  is  denounced  by  others  as  radical 
ism.     This  division  is  aggravated  and  intensified  by  an  admixture  of  prejudice 


1 04  RECONSTRUCTION TENNESSEE. 

and  interested  motive.  The  so-called  radical  element  prevails  in  the  present 
organization  of  the  government.  Public  sentiment,  as  represented  by  the  press, 
possibly,  if  expressed  by  the  voice  of  the  entire  population,  irrespective  of  ante 
cedent  relations,  favors  the  self-styled  conservative  element. 

9.  Whether,  upon  a  submission   to  the  ballot-box, 'the  government  would  be 
continued  in  the  same  hands,  or  those  of  men  with  similar  views,  is  necessarily 
matter  of  specula!  ion  and  conjecture.     Such  a  submission  will  occur  in  August, 
1867.     Much  will  depend  upon  the  wisdom,  good  conduct,  and  practical  success 
of  the  State  administration  meanwhile  ;  much  upon  the  turn  of  affairs  throughout 
the  country,  and  much  upon  the  issues,  personal  and  other,  that  happen  to  be 
submitted  to  the  people,  as  friends  of  the  national  government,  who  have  stood 
close  to  it,  defending  its  policy  and  maintaining  its  honor  all  the  way  through 
the  recent  conflict.     We  see  no  cause  for  discouragement,  provided  that  the  gov 
ernment  will  stand  by  us  and  give  us  the  moral  effect  of  its  support.     If,  on  the 
other  hand,  we  are  unrecognized  and  unsustained  ;  if  we  are  practically  declared 
usurpers,  and  our  effort  at  restoring  our  deserted  and  inanimate  State  govern 
ment  a  usurpation,  then  we  are  necessarily  overborne  and  swept  away. 

10.  The  unenlightened  and  narrow-minded  rebel  sentiment  is  bitterer  and  more 
rancorous  possibly  than  during  the  war,  under  the  humiliation  of  defeat  and  dis 
grace.     It  is  expressed  less  towards  the  federal  than  to  the  State  government, 
and  is  especially  strong  tow  »rds  persons  of  northern  origin,  those  Union  men 
who  took  an  active  part  for  the  government  against  the  rebellion,  and  the  freed  - 
men.     The  intelligent  rebels,  on  the  other  hand,  see  and  accept  the  situation,  and 
endeavor  to  make  the  best  of  it.     Their  political  aspirations  would  naturally 
tend   to  the  control  first  of  local  affairs,  then  of  the  Slate,  and  lastly  of  the 
national  government.     They  hope  for  much  from  a  division  between  the  execu 
tive  and  legislative  powers. 

11.  The  situation  of  the  freedmen  is  much  more  satisfactory  to  themselves, 
however  it  may  appear  to  others,  than  when  in  slavery.     There  is  suffering, 
oppression,  injustice,  wrong.     In  the  economy  of  society  the  world  over,  poverty, 
ignorance,  and  weakness  entail  inevitable  hardships.     The  case  of  the  freedman 
is  no  exception.     In  addition,  the  prejudice  of  race  is  a  burden.     His  freedom 
is  an  idea  too  proximate  to  the  calamitous  overthrow  of  the  rebellion  to  be  wel 
comed  by  those  who  took  part  in  tliat  foolish  and  iniquitous  enterprise  ;  while 
the  loyal  Union  man  has  too  long  felt  his  progress  in  life  obstructed  by  him  as 
a  slave  to  relish  his  presence  even  in  freedom,  and  his  labor  no  longer  organized 
by  the  intelligence  and  capital  of  his  master. 

The  pre-existing  laws  applicable  to  free  persons  of  color  were  at  once  applied 
to  the  freedmen.  These  allowed  him  nearly  all  the  civil  rights  accorded  to 
white  persons,  except  to  bear  testimony  in  courts  against  white  persons,  and  to 
peddle,  and  to  traffic  in  spirituous  liquors.  It  subjected  him  to  the  same  crimi 
nal  code,  except  in  some  offences  against  white  females  and  in  the  measure  of 
punishment.  He  was  accorded  no  political  rights,  and  was  subjected  to  various 
political  disabilities.  He  has  been  admitted  to  testify  as  a  white  person.  It  ia 
not  known  that  he  has  received  any  political  enfranchisement. 

12.  If  it  be  urged  that  our  Union  element,  in   the   beginning,  through   weak 
ness  and  want  of  support,  succumbed  to*  rebellion  ;  that  even  now,  if  left  unsup 
ported  and  alone,  it  may  once  more  be  overborne ;  that  the  sharp  animosities  of 
the  war  do  not  entirely  subside  with  the  cessation  of  arms,  we  respectfully  sub 
mit  that  these  are  considerations  imperative  why  the  national  authority  should 
rally  to  us  and  sustain  our  effort  of  self-government  by  its  moral  influence,  and, 
if  need  be-,  by  the  assertion  of  its  physical  power. 

JOSEPH  S.  FOWLER. 
W.  B.  STOKES. 
HORACE  MAYNARD. 
FEBRUARY  1,  1S66. 


RECONSTRUCTION TENNESSEE.  1 05 


TESTIMONY. 


WASHINGTON,  January  25,  I860. 
Brevet  Major  General  Edward  Hatch  sworn  and  examined : 

By  Mr.  GRIMES  : 

Question.  Where  is  your  residence,  and  how  have  you  been  employed  for  the 
last  five  years  ? 

Answer.  My  residence  is  in  Muscatine,  Iowa  ;  prior  to  the  war  I  was  engaged 
in  the  lumber  business;  I  entered  the  military  service  of  the  United  States  in 
1S61,  and  have  been  through  the  various  grades  in  the  army  to  that  of  brevet 
major  general  of  volunteers. 

Question.  Have  you,  during  the  time  you  have  been  in  the  military  service 
of  the  United  States,  been  stationed  in  the  State  of  Tennessee,  or  been  con 
nected  with  the  military  operations  in  that  State  ? 

Answer.  Yes,  sir. 

Question.  Were  you  so  employed  during  any  portion  of  the  year  1865 ;  and 
if  so,  during  what  portion  of  that  year  ? 

Answer.  The  troops  under  my  command  were  on  the  confines  of  the  State  of 
Tennessee  the  first  of  the  year,  and  I  occupied  a  portion  of  West  Tennessee, 
having  command  of  a  division  of  cavalry  and  a  post.  During  September,  Octo 
ber,  and  November,  I  was  stationed  at  Kuoxville,  Tennessee,  as  chief  of  cavalry 
of  that  department. 

Question.  How  recently  have  you  been  in  Tennessee  1 

Answer.  I  left  in  December  last. 

Question.  During  the  time  you  were  in  that  State  were  you  much  among  the 
people  of  the  State;  and  do  you  regard  yourself  as  familiar  with  the  sentiments 
of  the  people  there  ? 

Answer.  Yes,  sir;  in  portions  of  the  State.  I  was  often  at  Nashville,  and 
also  in  other  parts  of  the  State  a  great  deal. 

Question.  What  conclusions  did  you  reach  as  to  the  sentiments  of  the  people 
of  that  State,  so  far  as  loyalty  to  the  federal  government  is  concerned  1 

Answer.  Leaving  the  people  of  East  Tennessee  out  of  consideration,  I  should 
think  that  the  people  of  the  balance  of  the  State  were  largely  opposed  to  the 
general  government ;  that  is,  that  there  was  no  good  feeling  toward  the  govern 
ment.  There  is  very  little  good  feeling  towards  the  United  States  government, 
except  in  East  Tennessee. 

Question.  You  regard  the  public  sentiment  in  East  Tennessee  as,  in  the  main, 
loyal  ? 

Answer.  Yes,  sir. 

Question.  And  do  I  understand  you  to  mean  that  in  Middle  and  West  Ten 
nessee  public  sentiment  is,  in  the  main,  disloyal  ? 

Answer.  Yes,  sir ;  West  Tennessee  I  consider  as  disloyal  as  Mississippi. 

Question.  Is  it  your  opinion  that  the  troops  of  the  United  States  could  safely 
be  withdrawn  from  any  portion  of  Tennessee  ? 

Answer.  Do  you  mean  with  safety  to  the  people  of  the  State  ? 

Question.  Yes,  safety  to  the  Union  people  of  the  State. 

Answer.  They  could  be  safely  withdrawn  from  East  Tennessee,  for  there  the 


1 OG  RECONSTRUCTION TENNESSEE. 

people  could  protect  themselves.  That  is  the  only  portion  of  the  State  from 
which  they  could  be  withdrawn  in  safety. 

Question.  What,  in  your  opinion,  would  be  the  condition  of  affairs  in  Middle 
and  West  Tennessee,  should  our  in  litary  force  be  withdrawn  from  those  por 
tions  of  the  State?. 

Answer.  The  loyal  portion  of  the  people  would  be  subject  to  certain  ostracism 
which  would  drive  them  out  of  the  country.  They  would  legislate  against  them 
in  every  way — at  least,  I  have  often  heard  them  openly  say  so. 

Question.  Do  I  understand  you  to  say  that  the  disloyal  people  there  say  that 
they  would  legislate  against  the  loyal  white  people  ? 

Answer.  Yes,  sir;  they  say  that  those  people  who  opposed  them  in  this  war 
shall  not  hold  office  there;  that  is,  that  they  will  not  vote  for  any  of  them,  and 
that  all  civil  offices  shall  be  held  by  their  own  men.  That  is  the  way  they  have 
always  talked  to  me. 

Question.  Is  anything  else  threatened  besides  depriving  them  of  office  ? 

Answer.  They  say  the  two  people  cannot  live  together.  There  is  no  more 
popular  man  in  West  Tennessee  to-day  than  the  late  rebel  General  Forrest. 
The  quartermaster  of  my  old  regiment  is  partner  with  Forrest  on  a  plantation ; 
he  said  he  took  the  plantation  because  Forrest  is  popular,  and  jvill  take  care  of 
him  and  his  interests. 

Question.  Is  this  feeling  of  hostility  towards  the  federal  government  in  Mid 
dle  and  West  Tennessee  quite  general  ? 

Answer.  I  think  it  is.  Perhaps  much  of  the  hostility  towards  the  govern 
ment  has  accrued  from  the  personal  animosities  of  the  people ;  they  have  been 
fighting  among  themselves  for  four  or  five  years,  and  now  have  an  intense  hatred 
for  each  other,  and  that  feeling,  I  think,  has  extended  to  the  government  in 
some  measure.  There  are  some  men  in  the  State — men  of  large  views  and  land 
holders—who  are  willing  to  accept  the  state  of  affairs  as  it  is,  and  to  do  almost 
anything  in  order  to  farm  their  lands ;  they  wish  to  retain  their  old  labor,  but 
they  constitute  a  very  small  portion  of  the  people. 

By  Mr.  GRIDER  : 

Question.  How  long  were  you  stationed  in  Tennessee  ? 

Answer.  I  had  troops  in  West  Tennessee,  and  was  at  Eastport,  just  on  the 
confines  of  the  State. 

Question.  On  the  border  of  Mississippi  ? 

Answer.  Yes,  sir;   I  was  at  that  post  from  January  unlil  July,  ISGo. 

Question.  State  whether  the  rest  of  your  intercourse  with  the  citizens  of  Ten 
nessee  was  not  of  a  rather  cursory  nature,  when  the  army  was  passing  from 
point  to  point. 

Answer.  No,  sir;  for  I  have  done  a  great  deal  of  business  for  them  and  been 
among  them  a  great  deal.  I  have  been  in  Tennessee  more  or  less  since  IS62. 

Question.  Did  you  know  Colonel  Hobson,  of  Kentucky,  a  very  young  man, 
who  was  with  the  army  at  Knoxville  ? 

Answer.  I  may  have  seen  him,  but  I  am  not  personally  acquainted  with  him. 

By  Mr.  GRIMES: 

Question.  I  understand  you  to  say  that  you  have  been  in  Tennessee  more  or 
less  for  the  last  three  or  four  years  ? 

Answer.  Yes,  sir;  since  1862. 

Question.  And  most  of  that  time  in  that  State? 

Answer.  Yes,  sir;  I  have  been  stationed  at  Memphis,  Lagrange,  Oollierville, 
and  Eastport.  I  was  stationed  at  Lagrange  in  the  summer  of  lbG3.  I  know 
West  arid  Middle  Tennessee  better  than  my  own  State;  that  is,  the  roads  and 
thoroughfares. 


RECONSTRUCTION TENNESSEE.  107 

Question.  While  travelling  about  in  Tennessee  were  you  always  known  as 
an  officer  of  the  federal  army  1 

Answer.  No,  sir. 

Question.  You  did  not  always  wear  the  insignia  of  your  office  and  rank  'I 

Answer.  No,  sir;  not  all  the  time. 

Question.  Were  communications  made  to  you  as  freely  when  you  wore  the 
insignia  of  your  office  as  when  you  did  not;  that  is,  communications  showing 
the  sentiments  entertained  by  the  people  towards  the  government  and  towards 
each  other  ? 

Answer.  No,  sir;  not  always.  Sometimes  people  would  speak  in  a  very 
braggadocio  way  towards  officers.  As  I  have  already  said,  men  of  large  views, 
those  who  understand  the  question  and  admit  the  state  of  affairs  as  it  is  now, 
those  men  are  willing  to  do  anything  to  sustain  the  government;  but  they  arc 
in  a  very  small  minority,  and  cannot  control  these  fellows.  There  is  every 
where  an  intense  hostility  towards  the  negro,  and  I  suppose  there  always  will 
be  in  that  State. 

Question.  What  is  the  condition  of  the  freedmen  in  the  State  of  Tennessee? 

Answer.  They  can  find  employment  now;  but  they  have  the  opposition  of 
the  poor  whites,  «r  of  the  men  who  own  very  little  property,  and  that  is  a  very 
intense  opposition. 

By  Mr.  GRIDER  : 

Question.  A  great  many  of  the  original  owners  of  the  slaves  desire  to  employ 
their  old  slaves  ? 

Answer.  Yes,  sir;  the  reasonable  men,  the  men  of  education,  understand  this 
question. 

By  Mr.  GRIMES: 

Question.  Is  there  any  public  sentiment  there  in  any  instance  to  prevent  the 
original  owners  from  employing  their  former  servants  ? 

Answer.  Where  the  original  owner  has  been  a  liberal,  good-hearted  man,  the 
negro  is  inclined  to  work  for  him  cheerfully;  but  if  he  has  been  a  severe  mas 
ter  they  are  afraid  of  him.  Some  of  the  negroes  have  the  idea  that  they  may 
be  run  off  further  south,  to  Mexico  or  Cuba,  into  slavery.  The  negro  has  strong 
local  attachments,  and  if  his  former  master  was  a  generous,  good  man,  his 
former  servants  will  work  for  him  cheaper  than  for  any  one  else.  But  there  are 
not  very  many  liberal  men;  they  worked  their  servants  very  hard  on  their 
plantations. 

Question.  What  is  the  general  condition  of  the  freedmen  in  Tennessee,  so  far 
as  your  observation  extends  ? 

Answer.  The  negro  is  perfectly  willing  to  work,  but  he  wants  a  guarantee 
that  he  will  be  secured  in  his  rights  under  his  contract.  I  have  always  found 
them  willing  to  work,  since  the  close  of  the  war,  at  any  rate ;  but  they  want 
their  contracts  guaranteed  to  them.  They  desire  to  have  the  government  guar 
antee  them  for  them,  and  take  care  of  them  in  that  way.  They  are  willing  to 
work.  But  the  negro  knows  that  without  his  rights  are  secured,  and  his  life 
and  property  secured,  he  is  not  safe  from  the  poor  whites.  He  understands 
their  antipathies  towards  him  as  well  as  any  one  does. 

We  have  always  issued  less  rations  to  the  negroes  there  than  we  have  to  the 
poor  whites.  We  did  not  issue  one-tenth  the  rations  to  the  negroes  that  we  did 
to  the  poor  whites. 

The  men  there  who  dislike  the  present  state  of  things  do  not  like  to  give  up 
the  negro  They  think  that  by  some  kind  of  legislation  they  can  establish  a 
kind  of  peonage;  not  absolute  slavery,  but  that  they  can  enact  such  laws  as 
will  enable  them  to  manage  the  negro  as  they  please — to  fix  the  prices  to  be  paid 


108  RECONSTRUCTION  —TENNESSEE. 

for  Lis  labor.  That  is  a  very  general  idea  among  that  class  of  men.  But  those 
men  of  broad  views  who  know  that  labor  will  find  its  level,  are  in  favor  of 
hiring  the  negro  and  paying  him  fairly.  But  they  are  in  the  minority. 

Question.  Do  you  know  anything  about  the  security  of  the  negro's  life  in 
Tennessee  ? 

Answer.  You  cannot  call  his  life  secure  there.  They  are  liable  to  be  shot  by 
the  poor  whites ;  and  no  doubt  it  is  done  every  day. 

Question.  What  do  you  mean  by  "  poor  whites  1" 

Answer.  Men  on  both  sides  who  have  been  in  the  army  and  are  not  willing 
to  work,  and  wish  to  get  along  the  best  way  they  can. 

By  Mr.  GRIDER: 

Question.  Did  you  or  not  find  among  the  servants  a  great  disposition  to  ag 
gregate  together,  a  desire  to  work  together,  and  a  dislike  to  being  separated  1 

Answer.  Yes,  sir;  as  I  said  before,  the  local  attachment  of  the  negro  is  great. 
I  think  the  negro  is  anxious  to  accumulate  property.  I  think,  that  the  people 
down  there*  are  mistaken  in  supposing  that  the  negro  does  not  desire  to  accu 
mulate  property.  In  my  opinion  the  negro  does  not  desire  governing  ;  he  wants 
to  be  acknowledged  as  a  part  of  the  population.  Say  to  him  what  his  labor  is 
really  worth  and  pay  him  for  it,  and  you  will  have  no  trouble  with  him. 

By  Mr.  GRIMES: 

Question.  They  need  government  for  their  protection  ? 
Answer.  Yes,  sir. 

WASHINGTON,  January  29,  1866. 

Major  General  George  H.  Thomas  sworn  and  examined. 
By  Mr.  GRIMES: 

Question.  Where  are  you  stationed  at  present,  and  what  are  the  duties  which 
you  now  have  to  perform  ? 

Answer.  I  am  in  command  of  the  military  division  of  the  Tennessee ;  my 
headquarters  are  at  Nashville,  Tennessee. 

Question.  Of  how  many  States  is  your  division  composed  ? 

Answer.  The  division  is  composed  of  the  States  of  Kentucky,  Tennessee, 
Georgia,  Alabama,  and  Mississippi. 

Question.  How  many  troops  are  now  under  your  command  in  the  State  of 
Tennessee  1 

Answer.  I  cannot  state  precisely,  but  I  think  about  six  thousand ;  princi 
pally  required  to  take  care  of  public  property. 

Question.  Where  are  they  stationed  for  the  most  part  ? 

Answer.  At  Nashville,  Chattanooga,  and  Memphis. 

Question.  So  far  as  your  knowledge  and  observation  extend,  what  is  the 
condition  of  the  popular  sentiment  in  the  State  of  Tennessee,  so  far  as  it  relates 
to  the  federal  government  and  the  rights  of  the  Union  people,  and  of  the  freed- 
men  ? 

Answer.  I  have  studied  the  condition  of  affairs  in  Tennessee  pretty  carefully, 
and  have  had  practical  demonstration  of  the  condition  of  affairs  there ;  having, 
in  addition  to  the  information  I  have  derived  from  personal  observation,  such 
information  as  I  have  received  from  other  sources.  The  Union  sentiment  in 
Tennessee,  of  course,  has  been  sufficient  to  place  the  State  in  its  present  favor 
able  condition  towards  the  government,  and,  if  protected  and  encouraged  by  the 
presence  ot  a  small  Union  force,  it  will  gain  the  complete  ascendency  in  the 
State  in  the  course  of  a  year  or  two.  I  do  not  think  it  would  be  safe,  at  this 
time  to  remove  the  national  troops  from  Tennessee,  or  to  withdraw  martial  law, 
or  to  restore  the  writ  of  habeas  corpus  to  its  full  extent. 


RECONSTRUCTION TENNESSEE.  1 09 

Question.  What  is  the  condition  of  East  Tennessee,  as  compared  with  that 
of  Middle  and  West  Tennessee  ? 

Answer.  East  Tennessee  is  perfectly  safe,  because  the  Union  element  pre 
dominates  there  very  largely.  Middle  Tennessee  is  disturbed  by  personal  ani 
mosities  and  hatreds,  much  more  than  it  is  by  the  disloyalty  of  persons  towards 
the  government  of  the  United  States.  Those  personal  animosities  would  break 
out  and  overawe  the  civil  authorities,  but  for  the  presence  there  of  the  troops  of 
the  United  States.  In  West  Tennessee  these  personal  animosities  exist  even 
more  strongly  than  they  do  in  Middle  Tennessee,  and  there  is  less  loyalty  in 
West  Tennessee  than  there  is  in  Middle  Tennessee.  But  the  people  of  Ten 
nessee  desire  very  much,  it  is  their  strongest  desire,  to  be  back  in  the  govern 
ment  of  the  United  States.  Still,  while  they  wish  to  enjoy  the  rights  of  citizen 
ship,  they  are  not  friendly  towards  Union  men,  particularly  men  from  Tennessee 
who  have  been  in  the  Union  army.  They  are  more  unfriendly  to  Union  men, 
natives  of  the  State  of  Tennessee,  or  of  the  south,  who  have  been  in  the  Union 
army,  than  they  are  to  men  of  northern  birth. 

Question.  What  is  the  condition  of  the  Union  people  in  West  Tennessee  ? 

Answer.  The  Union  people  of  West  Tennessee  are  in  a  minority ;  but  public 
sentiment  there  is  gradually  approaching  a  good  loyal  standard. 

Question.  Do  you  think  there  is  an  improvement  going  on  generally  in  the 
sentiment  of  the  State  ] 

Answer.  Yes,  sir.  I  can  probably  express  my  idea  better  in  this  way :  I 
think  the  people  of  Tennessee  will  go  on  improving  in  their  Union  sentiment, 
provided  they  are  prevented  from  running  to  extremes  against  their  personal 
enemies  in  the  Union  ranks,  and  the  presence  of  troops  there  is  necessary  sim 
ply  to  prevent  them  from  committing  excesses  and  being  led  astray  in  their  pri 
vate  animosities. 

Question.  You  believe,  then,  that  it  would  be  dangerous  either  to  remove  the 
national  troops,  or  to  restore  the  writ  of  habeas  corpus,  or  to  abolish  martial  law 
in  Tennessee  ? 

Answer.  I  do,  for  the  present. 

Question.  What  is  the  condition  of  the  freedmen  in  Tennessee  ? 

Answer.  The  condition  of  the  freedmen  in  Tennessee  is  very  favorable  at  this 
time.  A  very  greo,t  improvement  has  taken  place  in  their  condition  ;  and  if  the 
affairs  of  the  Freedmen's  Bureau  can  be  administered  for  another  year  in  the 
way  they  have  been  administered  for  the  last  six  months,  mutual  confidence 
would  be  restored  between  the  whites  and  the  blacks;  and  I  am  very  much  in 
hopes  that  the  freedmen  could  then  be  left  to  the  protection  of  the  civil  authori 
ties  of  the  State. 

Question.  Then  the  administration  of  the  Freedmen's  Bureau  has  met  with 
your  approval  ? 

Answer.  Yes,  sir. 

Question.  Under  General  Fisk  1 

Answer.  Yes,  sir. 

Question.  Do  the  freedmen  generally  find  employment  in  Tennessee  ? 

Answer.  I  do  not  know  of  any  difficulty  in  their  finding  employment. 

Question.  And  at  fair  wages  ? 

Answer  Yes,  sir;  and  there  is  a  general  understanding  among  the  negroes 
and  among  the  whites  that  each  is  to  comply  with  his  part  of  the  contract,  so 
that  there  is  no  difficulty  and  no  dissatisfaction. 

Question.  Has  General  Fisk  the  charge  of  the  freedmen  in  the  whole  of  the 
State  of  Tennessee  1 

Answer.  Yes,  sir;  and  he  has  charge  of  the  freedmen  in  the  State  of  Ken 
tucky,  in  addition. 


110  RECONSTRUCTION TENNESSEE. 

By  Mr.  GRIDKR: 

Question.  You  say  you  believe  that  there  is  a  gradual  improvement  going  on 
in  Tennessee  as  to  loyalty  ? 

Answer.  Yes,  sir. 

Question.  Will  you  give  your  opinion  as  to  whether  the  admission  into  Con 
gress  of  the  representatives  from  Tennessee  would  tend  to  encourage  the  loyal 
people  of  Tennessee,  and  strengthen  the  feeling  of  loyalty  in  that  State  ? 

Answer.  1  think  it  would  very  much.  It  would  not  only  encourage  the  loyal 
people  to  exert  themselves,  but  it  would  encourage  the  rebels  to  return  to  their 
loyalty,  because  they  would  see  that  their  chances  and  hopes  for  another  out 
break  were  passing  away  from  them.  If  you  will  permit  me  to  give  additional 
reasons  why  I  think  the  delegation  from  Tennessee  should  be  admitted  I  will 
do  so. 

Question.  Certainly;  state  any  reasons  you  may  desire  to  state. 

Answer.  I  think  the  delegation  from  the  State  of  Tennessee  should  be  ad 
mitted  into  Congress  for  the  reason  that  that  State,  of  her  own  accord,  has  corn- 
plied  with  every  instruction  of  the  President,  and  has  done  all  that  it  was  be 
lieved  it  would  be  necessary  for  her  to  do  in  order  to  gain  admission  into  Con 
gress.  All  that  they  have  done  of  their  own  accord  in  Tennessee.  They  have 
repudiated  the  rebel  debt ;  they  have  abolished  slavery,  and  also  adopted  the 
constitutional  amendment  upon  that  subject;  they  have  passed  a  franchise  law 
prohibiting  from  voting  every  man  who  has  been  engaged  in  the  rebellion ;  and 
I  believe  they  have  now  passed  a  bill  giving  the  negro  the  right  to  testify  in  the 
courts;  and  all  the  members  elected  to  Congress  can  take  the  test  oath,  both 
senators  and  representatives  ;  and  if  their  representatives  shall  be  admitted  into 
Congress  it  will  be  a  precedent  for  all  the  southern  States ;  they  can  see  at  once 
the  reasons  why  the  Tennessee  members  are  admitted,  and  that  if  they  expect 
their  members  to  be  admitted  they  must  do  as  she  has  done. 

By  Mr.  GRIMES: 

Question.  You  have  answered  the  inquiry  of  Mr.  Grider  in  regard  to  the 
propriety  of  admitting  into  Congress  the  delegation  from  Tennessee;  state,  if 
you  please,  whether,  if  her  delegation  should  be  admitted  into  Congress,  it 
would  be  safe  for  martial  law  to  be  then  abrogated  in  the  State  of  Tennessee. 

Answer.  I  would  not  abrogate  it  just  yet. 

Question.  Would  you  recommend  the  abolition  of  the  Freedmen's  Bureau 
in  that  State  ? 

Answer.  Not  yet. 

Question.  Even  if  the  Tennessee  delegation  should  be  admitted  into  Congress  f 

Answer.  No,  sir;  I  would  admit  the  delegation  from  Tennessee  simply  to 
encourage  the  people  of  Tennessee  to  return  to  their  loyalty,  and  also  as  an 
example  ibj-  the  othor  southern  States,  because  you  have  it  in  your  power  to  show 
them  plainly  and  clearly  why  they  are  admitted  at  on^e  and  the  rest  are  not ; 
that  is,  because  none  of  the  other  States  have  complied  with  the  same  conditions 
that  the  people  of  Tennessee  have  complied  with. 

Question.  You  also  stated  as  a  reason  why,  in  your  opinion,  the  State  of 
Tennessee  ought  to  be  represented  in  Congress,  that,  in  case  that  was  done,  the 
rebel  people  there  would  abandon  their  hopes  of  another  outbreak.  Have  you 
any  reason  to  believe  that  they  still  entertain  the  opinion,  or  that  any  conside 
rable  portion  of  them  do,  that  there  may  be  another  outbreak? 

Answer.  I  have  received  communications  from  various  persons  in  the  south 
that  thore  was  an  understanding  among  the  rebels,  and  perhaps  organizations 
formed  or  forming,  for  the  purpose,  of  gaining  as  many  advantages  for  themselves 
as  possible;  and  I  have  heard  it  also  intimated  that  these  men  are  very  anxious 


RECONSTRUCTION TENNESSEE.  Ill 

and  would  do  all  in  their  power  to  involve  the  United  States  in  a  foreign  war, 
so  that,  if  a  favorable  opportunity  should  offer,  they  might  turn  against  the 
government  of  the  United  States  again.  I  do  not  think  they  will  ever  again 
attempt  an  outbreak  on  their  own  account,  because  they  all  admit  that  they 
had  a  fair  trial  in  the  late  rebellion  and  got  thoroughly  worsted.  There  is  no 
doubt  but  what  there  is  a  universal  disposition  among  the  rebels  in  the  south 
to  embarrass  the  government  in  its  administration,  if  they  can,  so  as  to  gain  as 
many  advantages  for  themselves  as  possible. 

Question.  In  what  could  those  advantages  consist,  in  breaking  up  the  gov 
ernment? 

Answer.  They  wish  to  be  recognized  as  citizens  of  the  United  States,  with 
the  same  rights  that  they  had  before  the  war. 

Question.  How  can  they  do  that — by  involving  us  in  a  war  with  England  or 
France,' in  which  they  would  take  part  against  us? 

Answer.  In  that  event  their  desire  is  to  re-establish  the  southern  confederacy. 
They  have  not  yet  given  up  their  desire  for  a  separate  government,  and  if  they 
have  an  opportunity  to  strike  for  it  again  they  will  do  so. 

Question.  Does  the  intelligence  in  regard  to  these  organizations  reach  you 
from  such  authentic  sources  as  to  command  your  belief  of  their  existence? 

Answer.  Yes,  sir;  it  comes  from  very  1-eliable  men. 

Question.  What  is  the  industrial  condition  of  the  people  of  Tennessee  ?  Are 
they  taking  steps  to  put  in  crops  and  employ  such  labor  as  is  within  their  reach  ? 

Answer.  The  industrial  condition  of  the  State  has  improved  so  much  that  by 
the  end  of  this  year  I  think  the  people  will  be  more  interested  in  their  private 
operations  and  pursuits  than  they  will  in  political  affairs,  and  be  very  much 
quieted  down.  They  are  very  much  encouraged  now,  and  almost  every  plan 
tation  in  the  State  is  being  put  in  operation  again.  The  Union  people  of  Ten 
nessee,  particularly,  wish  to  be  quiet. 

Question.  How  about  the  rebels  ? 

Answer.  A  great  many  of  the  rebels  are  going  to  work,  quietly, -to  cultivate 
their  farms.  A  great  many  of  them  say  that  they  failed  in  their  attempt  to 
gain  their  independence  of  the  United  States,  and  that  they  now  wish  to  be 
quiet  citizens  of  the  country,  and  are  going  to  turn  their  attention  to  farming 
again. 

GEO.  H.  THOMAS, 
Major  General  United  States  Army. 


WASHINGTON,  January  30,  1866. 

Brevet  Major  General  Clinton  B.  Fisk  sworn  and  examined. 
By  Mr.  GRIMES  : 

Question.  What  is  your  present  rank,  and  what  is  the  duty  you  now  have  to 
perform  ? 

Answer.  I  am  brevet  major  general  of  the  United  States  volunteers  and 
assistant  commissioner  of  the  Bureau  of  Freedmen,  Refugees,  and  Abandoned 
Lands,  for  the  States  of  Kentucky  and  Tennessee. 

Question.  How  long  have  you  been  employed  in  that  capacity? 

Answer.  About  eight  months. 

Question.  How  many  freed  men  have  you  under  your  charge  ? 

Answer.  About  500,000,  according  to  census  of  1860.  During  the  greater 
portion  of  the  eight  months  I  have  been  assistant  commissioner,  northern  Ala 
bama  has  been  attached  to  my  district. 


112  RECONSTRUCTION — TENNESSEE. 

Question.  You  have  about  half  a  million  of  freedmen  under  your  charge  now? 

Answer.  Yes,  sir;  for  the  two  States  of  Kentucky  and  Tennessee. 

Question.  What  is  the  condition  of  those  freedmen,  especially  in. the  State  of 
Tennessee  ? 

Answer.  The  great  mass  of  the  freedmen  in  the  State  of  Tennessee  are  in 
what  might  be  called  a  good  condition,  and  they  are  constantly  improving  in 
their  condition,  both  as  to  industry  and  elevation.  They  need  the  protection  of 
the  government  very  much  in  the  State  of  Tennessee. 

Question.  Why  do  they  need  it? 

Answer.  On  account  of  the  opposition  of  the  people  to  freedmen  and  justice 
to  the  negro. 

Question.  Is  that  sentiment  of  opposition  to  the  freedmen  general  through  the 
State? 

Answer.  It  is  not. 

Question.  To  what  parts  of  the  State,  or  what  classes  of  people,  is  it  confined  ? 

Answer.  Tennessee  is  peculiar.  In  no  other  State  do  you  find  the  same  sort 
of  opposition  as  in  Tennessee.  My  duties,  within  the  last  eight  months,  have 
called  me  through  the  five  States  of  Kentucky,  Tennessee,  Alabama,  Georgia, 
and  Mississippi.  I  made  an  inspection  tour  through  the  three  States  below 
Tennessee,  in  addition  to  my  own  regular  duties.  It  is  a  melancholy  fact  that 
among  the  bitterest  opponents  of  the  negro  in  Tennessee  are  the  intensely  rad 
ical  loyalists  of  the  mountain  district — the  men  who  have  been  in  our  armies. 
Take  East  Tennessee,  for  instance.  The  great  opposition  to  the  measure  in  the 
Tennessee  legislature,  giving  the  negro  the  right  to  testify  and  an  equality  be 
fore  the  law,  has  come  from  that  section,  chiefly.  In  Middle  Tennessee  and  in 
West  Tennessee  the  largest  and  the  wealthiest  planters  of  the  old  slaveholding 
population  have  more  cordially  co-operated  with  me  in  my  duties  than  the 
people  of  East  Tennessee. 

Question.  In  what  way  does  their  opposition  manifest  itself? 

Answer.  In  a  desire  that  he  should  be  entirely  removed  from  the  State;  op 
posing  his  education,  and  right  to  justice  before  the  law. 

Question.  Do  the  freedmen  manifest  a  disposition  to  be  industrious  and  se 
cure  a  livelihood  for  themselves  ? 

Answer.  They  do,  and  to  elevate  themselves.  They  literally  hunger  and 
thirst  for  knowledge. 

Question.  What  proportion  of  them  are  able  to  find  employment  ? 

Answer.  All  of  them  in  Tennessee  who  can  do  any  work.  I  could  furnish 
employers  for  25,000  more  laborers  from  my  district  than  I  have,  such  is  the 
demand  for  labor  in  the  valley  of  the  Mississippi.  During  the  first  twenty  days 
of  this  month  we  made  contracts  at  the  Memphis  agency  of  the  Freedmen's  Bu 
reau  covering  7,280  persons,  and  at  good  remunerative  wages. 

Question.  Do  the  freedmen  recognize  you  and  your  bureau  as  a  means  of 
protection  to  them  ? 

Answer.  They  do. 

Question.  And  they  have  confidence  in  your  administration  of  the  bureau  ? 

Answer.  They  appear  to  have  the  fullest  confidence,  as  also  in  the  military 
administration  of  that  division.  The  Freedmen's  Bureau  has  received  the  most 
hearty  and  cordial  co-operation  of  General  Thomas,  the  commandant  of  that 
division.  The  freedman  has  no  better  friend  in  the  country  than  Major  General 
George  II.  Thomas. 

I  do  not  want  to  be  understood  as  saying  that  in  Middle  and  West  Tennes 
see  there  is  no  opposition  to  the  freedmen,  for  there  is.  There  are  slaveholders 
and  returned  rebel  soldiers  there  who  persecute  them  bitterly,  and  pursue  them 
with  vengeance,  and  treat  them  with  brutality,  and  burn  down  their  dwellings 
and  school-houses.  But  it  is  not  the  rule ;  such  conduct  is  exceptional.  It 


RECONSTRUCTION TENNESSEE.  113 

may  not  be  best  for  me  to  speak  of  Kentucky  in  this  connexion.  But  contrast 
ing  the  two  States,  I  can  say  that  the  freedmen  in  Tennessee  are  treated  with 
more  favor  than  they  are  in  Kentucky.  There  is  more  brutality  to  negroes,  and 
more  wicked,  malicious  persecution  of  loyalists  in  the  State  of  Kentucky  to-day 
than  in  the  State  of  Tennessee.  1  have  travelled  over  both  States  and  ob 
served  carefully.  I  have  travelled  incog  in  portions  of  those  States  I  have 
mentioned,  going  as  a  Missourian,  talking  with  the  people  on  their  plantations, 
and  the  negroes  in  their  quarters,  reaching  the  real  sentiment  of  the  people  in 
that  way.  The  opposition  to  the  freedmen  in  Kentucky,  in  many  localities,  is 
very  great — in  fact,  to  freedom  itself. 

Question.  How  large  is  the  pecuniary  support  that  you  are  obliged  to  extend 
to  the  freedmen  in  Tennessee  ? 

Answer.  I  am  not  to-day  issuing  a  single  ration  to  freedmen  in  Tennessee, 
except  to  about  one  hundred  orphan  children,  and  thirty  old  people  at  Memphis, 
and  about  sixty  orphan  children  and  twenty-five  old  people  at  Nashville — that 
is  all. 

Question.  Do  you  issue  rations  to  white  people  in  Tennessee  ? 

Answer.  During  the  last  year  the  rations  issued  to  white  people  in  Tennessee 
have  been  much  in  excess  of  those  issued  to  freedmen.  When  I  took  charge  of 
my  district  the  government  was  feeding  25-000  people;  in  round  numbers,  about 
17,500  white  persons,  and  7,500  black.  The  month  preceding  the  establish 
ment  of  the  Freedmen's  Bureau,  for  rations  alone  for  that  class  of  people,  the 
sum  of  $97,000.  My  first  efforts  were  to  reduce  the  number  of  these  beneficia 
ries  of  the  government ;  to  withhold  the  rations,  and  make  the  people  self-sup 
porting  as  far  as  possible;  and  in  the  course  of  four  months,  I  reduced  the 
monthly  expenses  from  $97,000  to  $5,000  ;  paving  within  that  time,  on  subsist 
ence,  ten  times  as  much  money  as  the  whole  Freedmen's  Bureau  cost  in  the  en 
tire  district,  including  all  salaries  paid  to  officers  and  agents  for  the  government. 

Question.  Is  the  military  support  of  the  government  required  now  in  the  State 
of  Tennessee  in  aid  of  your  bureau? 

Answer.  It  is. 

Question.  Do  you  believe  the  affairs  of  the  bureau  could  be  safely  adminis 
tered  there  without  the  military  support  of  the  government  ? 

Answer.  I  do  not.  My  subordinates  are  chiefly  civilians.  I  select  the  best 
man  for  the  position  I  can  find  in  a  county.  For  instance,  I  select  the  county 
judge  at  the  county-seat,  and  give  him  the  agency  of  the  Freedmen's  Bureau 
in  that  county,  and  under  our  regulations  and  instructions  he  administers  our 
affairs.  If  he  needs  it,  he  requests  any  district  or  post  commandant  to  give  him 
assistance,  and  he  gets  it. 

Question.  Are  they  frequently  compelled  to  require  such  aid  and  assistance  ? 

Answer.  They  are. 

Question.  And  you  do  not  think  that  at  this  time  the  military  could  be  safely 
withdrawn  from  Tennessee  ? 

Answer.  I  do  not. 

Question.  Do  you  think  that  martial  law  could  be  safely  abolished  there  at 
this  time  1 

Answer.  I  do  not. 

Question.  Do  you  think  it  would  be  safe  at  this  time  to  restore  the  writ  of 
habeas  corpus  there  ? 

Answer.  I  do  not. 

Question.  What  is  the  general  sentiment  of  the  white  population  in  the  State 
of  Tennessee  at  this  time  in  respect  to  loyalty  to  the  federal  Union  1 

Answer.  I  should  think  that  the  majority  of  the  people  of  Tennessee,  count 
ing  them  right  through,  are  opposed  to  the  government.  I  think  the  vote  at 
8  T 


114  RECONSTRUCTION TENNESSEE- 

the  polls  to-day,  if  every  man  were  allowed  to  vote  as  he  pleased  and  according 
to  his  own  judgment,  would  show  a  majority  against  the  general  government. 

Question.  Is  there  any  difference  in  that  respect  in  different  parts  of  the 
State? 

Answer.  Yes,  sir  ;  there  is  more  loyalty  in  East  Tennessee  than  in  any  other 
portion  of  the  State,  and  there  is  more  in  Middle  Tennessee  than  there  is  in 
West  Tennessee. 

Question.   Is  there  now  safety  to  the  Union  people  of  the  State  of  Tennessee] 

Answer'  But  little  opposition  to  the  Union  people  has  come  within  my  ob 
servation.  A  large  delegation  of  the  citizens  of  Memphis  waited  on  me  not 
long  ago  and  stated  that  they  were  cruelly  oppressed  by  the  rebel  element  of 
the  population  in  that  section,  and  that  they  feared  the  military  protection  was 
to  be  withdrawn  from  the  State ;  and  they  stated  to  me  that  if  the  military  was 
withdrawn,  those  persons  in  most  portions  of  West  Tennessee  who  had  been 
early  and  consistent  friends  of  the  government,  and  loyal  to  it,  would  be  com 
pelled  to  withdraw  with  the  military.  That  was  their  opinion  as  expressed  to 
me. 

Question.  Is  it  your  belief  that  within  two  or  three  years  there  will  be  a 
mutual  understanding  arrived  at  between  the  white  and  colored  populations  of 
Tennessee,  so  that  the  Freedmen's  Bureau  could  be  dispensed  with  ? 

Answer.  Yes,  sir ;  I  believe  that  with  the  enactment  of  just  laws,  laws  se 
curing  impartial  justice  to  all  men,  and  their  enforcement  in  that  State  by  the 
civil  authorities,  it  would  not  take  that  length  of  time  to  properly  adjust  the 
new  relations. 

By  Mr.  GRIDER  : 

Question.  Where  are  your  headquarters  ? 

Answer.  At  Nashville,  Tennessee. 

Question.  How  long  have  you  been  in  Kentucky  ?  Have  you  been  at 
Frankfort  lately  ? 

Answer.  Yes,  sir.  I  have  been  in  Kentucky  the  most  of  the  time  for  the 
last  six  weeks.  I  was  there  often  during  the  summer  months  and  made  toura 
through  the  State. 

Question.  When  you  speak  of  the  vote  of  the  majority  of  the  people  of  Ten 
nessee  being  in  opposition  to  the  general  government,  do  you  mean  that  the 
majority  would  vote  to  overthrow  the  government,  or  do  you  mean  that  they 
are  opposed  to  the  present  policy  of  the  government? 

Answer.  I  mean  this — that  I  believe  a  majority  of  the  people  of  Tennessee 
to-day  would  prefer  that  the  rebellion  should  have  been  a  success ;  that  is  my 
meaning. 

Question.  Is  there,  or  not,  an  increasing  loyalty — a  disposition  gradually 
growing  up  to  take  position  under  the  federal  government  and  do  their  duty] 

Answer.  I  will  tell  you  just  what  my  observation  in  that  particular  has 
been.  When  I  went  to  that  district  in  June  last  there  seemed  to  be  a  general 
disposition  on  the  part  of  the  majority  of  the  people  to  cordially  support  the 
government — to  return  to  industrial  pursuits,  and  to  let  bygones  be  bygones, 
In  the  course  of  three  or  four  months  there  seemed  to  be  an  increase  of  disaffec 
tion  ;  I  heard  more  of  complaint  against  the  government,  more  expressions  of 
regret  that  the  rebellion  had  failed,  more  open  and  unjust  criticisms  of  the  gov 
ernment  ;  then  again  that  spirit  subsided,  and  I  believe  the  feeling  to-day  in 
Tennessee  is  growing  better. 

Question.  As  the  legislature  of  Tennessee  has  adopted  the  principal  measures, 
if  not  all  of  the  measures,  recommended  by  the  President  of  the  United  States,  and 


RECONSTRUCTION TENNESSEE.  115 

they  have  elected  members  of  Congress,  will  you  state  whether  or  not  you  be 
lieve  their  admission  into  seats  in  Congress  would  tend  to  encourage  and  increase 
the  spirit  of  loyalty  in  Tennessee,  and  of  attachment  to  the  general  government  ? 
Answer.  My  own  opinion  about  that  is  this  :  The  State  of  Tennessee  occu 
pies  altogether  a  different  position  from  that  of  any  State  below.  In  the  first 
place,  Tennessee  abolished  slavery  by  her  own  actions  ;  she  elected  a  governor 
by  the  people;  she  repudiated  the  rebel  debt;  she  ratified  the  constitutional 
amendment  abolishing  slavery,  and  did  all  that  without  Executive  indication  or 
inauguration.  Tennessee  furnished  thousands  for  the  defence  of  the  Union. 
All  this  is  to  her  advantage;  and  were  I  a  member  of  the  Senate  or  House  of  Rep 
resentatives  of  Congress  I  would  vote  most  cheerfully  to  admit  the  delegation 
from  Tennessee,  believing  that  in  so  doing  I  would  be  taking  a  step  that  would 
increase  the  loyal  sentiment  of  the  State,  and  which  would  promote  the  tran 
quillity  and  prosperity  of  the  State.  I  speak  now  of  Tennessee. 

By  Mr.  GRIMES  : 

Question.  You  discriminate  between  Tennessee  and  the  more  southern  States  ? 
Answer.  I  do. 


WASHINGTON,  February  2,  1866. 
David  T.  Patterson  sworn  and  examined. 

By  Mr.  GRIMES  : 

Question.  Where  do  you  reside  1 

Answer.  I  reside  in  Greeneville,  Greene  county,  East  Tennessee. 

Question.  State,  if  you  please,  so  far  as  you  may  know,  the  condition  of  the 
public  sentiment  in  Tennessee  so  far  as  regards  the  whole  of  the  State,  as  well 
as  the  different  sections  of  it ;  the  condition  of  the  Union  people  and  the  freed- 
men  in  those  different  sections  ;  and  what  you  know  in  regard  to  the  changed 
condition  of  the  industrial  pursuits  of  the  freedmen. 

Answer.  I  can  speak  from  my  own  personal  knowledge  of  the  condition,  of. 
the  loyal  people  of  East  Tennessee.  In  regard  to  the  condition  of  loyal  people 
in  Middle  and  in  Western  Tennessee,  I  can  only  speak  from  information  derived 
from  correspondence  and  conversations  with  people  who  live  there.  In  East 
ern  Tennessee  the  loyal  people  have  an  overwhelming  majority  ;  they  are  the 
dominant  party  now.  But  during  the  war  they  were  subjected  to  the  bitterest 
persecution  ;  they  were  driven  from  their  homes  ;  they  were  conscripted  and 
sent  into  the  rebel  armies  ;  they  were  persecuted  like  wild  beasts  by  the  rebel 
authorities,  and  hunted  down  in  the  mountains ;  they  were  hanged  on  the  gallows, 
shot  down  and  robbed  ;  every  imaginable  wrong  was  inflicted  upon  them.  From 
20,000  to  25,000  loyal  men  of  East  Tennessee  left  their  homes,  went  through 
the  mountains  into  Kentucky,  there  joined  the  federal  forces,  and  fought  their 
way  back  home  under  General  Burnside  in  1863.  Perhaps  no  people  on  the 
face  of  the  earth  were  ever  more  persecuted  than  were  the  loyal  people  of  East 
Tennessee  in  1862  and  1863 ;  the  persecution  commenced  just  after  the  burn 
ing  of  bridges  in  1861.  The  first  conscript  law  passed  by  the  rebel  congress, 
I  believe,  was  passed  in  April,  1862,  and  as  soon  as  they  got  their  machinery 
at  work  they  commenced  attempting  to  conscript  the  Union  men  of  East  Ten 
nessee.  As  soon  as  they  organized  their  bureaus  of  conscription  and  appointed 
their  enrolling  officers,  a  great  many  Union  men  in  East  Tennessee  escaped 
from  the  country,  while  others  concealed  themselves  in  the  mountains  and  in 
houses. 

At  the  June  election  in  1861,  on  the  question  of  separation  from  the  Union 
and  representation  in  the  rebel  congress,  we  had  in  East  Tennessee  a  majority 
of  about  20,000  against  those  issues.  Both  questions  were  presented  together. 


116  EECONSTRUCTION — TENNESSEE. 

Those  who  opposed  them  voted  " no  separation,"  "no  representation ;"  those 
who  were  in  favor  voted  "  separation, "  "representation." 

Upon  the  occupation  of  East  Tennessee  by  General  Burnside.  in  September, 
1863,  the  rebels  themselves,  those  who  had  made  themselves  obnoxious,  fled 
from  East  Tennessee,  and  but  few  have  returned.  We  have  now  but  few  rebels 
in  East  Tennessee.  The  Union  men,  when  they  were  enabled  to  return,  were 
not  very  amiable,  and  they  resorted  to  retaliation,  and  executed  a  great  many 
rebels — paid  them  back  in  the  some  sort  of  coin  they  had  received  at  their  hands. 
The  Union  men  were  guilty  of  a  great  many  excesses,  and  can  only  be  excused 
upon  the  ground  that  they  had  themselves  been  made  to  suffer  terribly  by  those 
rebels. 

Really,  so  far  as  East  Tennessee  is  concerned,  we.  have  now  very  few  rebels 
there.  We  have  nothing  to  fear  from  rebel  votes  or  from  rebel  influence  in  my 
section  of  the  State.  I  doubt  very  much  whether  there  are  more  than  three 
counties  in  Eastern  Tennessee  where  a  rebel  would  present  himself  for  any 
office  of  any  character.  East  Tennessee  can  take  care  of  itself.  The  trouble  is 
in  Middle  Tennessee  and  in  Western  Tennessee. 

Question.  In  West  Tennessee,  especially  ? 

Answer.  I  suppose  there  is  more  disloyalty  there ;  but  I  know  but  little 
about  public  sentiment  there.  All  the  information  1  have  I  obtain  from  corre 
spondence  and  conversation  with  gentlemen  living  in  that  section  of  the  State. 
I  have  been  in  Tennessee  but  little  since  the  capitulation  of  General  Lee  and 
the  surrender  of  the  rebel  armies.  Since  last  July  I  have  been  here. 

So  far  as  the  Freedmen's  Bureau  is  concerned,  I  know  very  little  of  its  prac 
tical  operation  in  East  Tennessee.  We  have  very  few  freedmen  there.  In  fact, 
I  know  nothing  of  the  practical  operation  of  the  bureau  in  any  part  of  the 
State.  And  in  East  Tennessee,  before  the  war,  slavery  existed  in  its  mildest 
form. 

Question.  What  is  your  opinion  in  regard  to  the  propriety  of  admitting  into 
Congress  the  delegation  from  Tennessee  at  this  time  ? 

Answer.  Situated  as  I  am,  it  is  very  natural  I  should  entertain  the  opinions 
I  do  upon  that  subject.  I  really  think  it  would  be  advantageous  to  the  loyal 
sentiment  of  Tennessee  to  be  represented  in  Congress.  I  think  the  moral 
influence  of  a  representation  in  Congress  would  do  us  good  at  home. 

It  is  very  difficult  to  judge  of  men's  motives  and  their  real  sentiments;  but 
those  who  were  rebels,  and  who  have  corresponded  or  conversed  with  me  upon 
the  subject,  profess  now  to  bs  loyal  to  the  government  of  the  United  States — to 
accept  the  results  of  the  war  in  good  faith. 

I  have  read  pretty  carefully  the  address  of  the  central  committee  of  the  State, 
and  must  say  that  I  was  surprised  to  see  it.  If  we  have  not  succeeded  in 
making  any  impression  upon  the  rebel  organization  in  the  State,  and  they  were 
to  combine  together,  they  could  certainly  defeat  us  in  a  general  election ;  that 
is  to  say,  they  could  defeat  us  in  an  election  for  governor.  They  could  not 
defeat  us,  so  far  as  East  Tennessee  is  concerned,  in  an  election  for  members  of 
Congress,  or  for  members  of  the  legislature,  or  for  county  officers.  We  have 
no  trouble  there  about  that ;  we  carry  all  those  elections  our  own  way. 

But  if,  as  some  of  our  prominent  Union  men  think,  we  have  made  no  impres 
sion  upon  the  rebel  organization  in  that  State,  then,  if  they  were  to  combine 
and  cast  their  full  vote  for  candidates  of  their  own,  they  could  certainly  defeat 
us  in  a  general  election. 


RECONSTRUC  TION TENNESSEE.  117 


WASHINGTON,  February  2,  1866. 

Col.  William  Spence  sworn  and  examined. 
By  Mr.  GRIMES: 

Question.  Where  do  you  reside,  and  what  is  your  occupation  ? 

Answer.  I  reside  three  miles  from  the  city  of  Murf'reesboro',  Rutherford  county, 
Tennessee.  My  business  now  is  farming. 

Question.  Are  you  a  native  of  Tennessee  ? 

Answer.  No,  sir ;  I  have  been  there  ever  since  I  was  five  years  old ;  but  I 
was  born  in  Ireland. 

Question.  Are  you  in  any  public  employment  at  this  time  'I 

Answer.  I  was  elected  to  the  senate  of  the  legislature  of  Teuness  e,  and  am 
at  present  a  member  of  that  body. 

Question.  Have  you  been  in  Tennessee  during  the  last  five  years  ? 

Answer.  Yes,  sir;  I  have  been  there  all  the  time,  and  at  home,  when  I  could 
stay  there. 

Question.  Were  you  the  owner  of  slave  property  when  the  rebellion  broke 
out? 

Answer.  Yes,  sir. 

Question.  What  is  the  condition  of  public  sentiment  in  the  State  of  Tennessee, 
or  in  the  different  portions  of  the  State,  as  regards  loyalty  to  the  federal  gov 
ernment  ;  and  what  is  the  condition  of  the  freedmen,  anjl  the  condition  of  the 
loyal  Union  men — those  who  have  adhered  to  the  government  during  the  last 
five  years  ? 

Answer.  First,  with  regard  to  the  Union  feeling  in  the  State.  Among  those 
who  have  been  in  the  rebellion,  and  have  been  pardoned,  if  the  question  was  in 
reference  to  obeying  the  law,  I  think  the  most  of  them  would  be  inclined  to  obey 
the  law.  Still,  according  to  my  judgment,  they  would  have  no  very  kind  feel 
ing  towards  the  government  But  I  think  they  would  obey  the  law  as  near  as 
you  could  get  any  body  of  men  to  do  it.  I  think  the  poorer  classes  who  have 
been  in  the  rebellion  could  be  made  truly  loyal  if  proper  efforts  were  made. 
They  are  ignorant  and  need  education. 

In  the  county  where  I  live  the  condition  of  the  frcedman  is  very  good.  There 
is  an  agency  of  the  Freedmen's  Bureau  there,  but  there  have  been  very  few  cases 
that  have  to  be  taken  before  it  for  adjustment.  The  freedmen  have  behaved 
exceedingly  well,  and  have  obtained  fair  wages.  When  their  time  was  out  this 
year  they  commenced  hiring  out  again  on  farms  for  $15  a  month  and  board.  I 
think  everything  with  the  freedmoii  is  working  well.  The  poorer  classes  of 
whites  are  not  getting  along  so  well.  \  They  have  no  schools,  and  where  they 
have  no  land  they  cannot  get  employment  as  readily  as  the  colored  men  can. 
The  richer  men  will  not  employ  them,  for  the  truth  is,  they  are  not  as  valuable 
for  laboring  as  the  negroes  are.  According  to  my  judgment  the  poorer  classes 
of  white  people,  not  only  in  Tennessee,  but  all  over  the  south,  are  scarcely  able 
to  take  care  of  themselves.  They  are  inclined  to  be  idle  and  lazy,  and  think  it 
degrading  to  work. 

I  only  know  from  report  about  other  parts  of  Tennessee.  The  eastern  por 
tion  of  the  State,  where  about  three-fourths  of  all  the  loyal  people  of  the  State 
live,  is  in  a  peculiar  condition  in  regard  to  politics.  The  Union  people  in  my 
section,  Middle  Tennessee,  consider  it  absolutely  necessary  for  the  good  of  the 
country  that  the  negro  should  have  his  rights  in  court;  and  not  only  that,  but 
that  we  should. at  least  inaugurate  the  principle  that  those  who  have  fought  in 
the  army  should  have  the  right  to  vote  as  well  as  those  who  pay  taxes  and  those 
who  can  read  and  write.  But  our  Union  friends  in  the  eastern  portion  of  the 
State,  as  we  understand  it,  almost  to  a  man,  although  the  best  Union  men  in  the 
land,  are  opposed  to  any  such  thing. 


118  RECONSTRUCTION — TENNESSEE. 

I  think  the  disloyal  sentiment  is  much  greater  in  West  Tennessee  than  in 
Middle  Tennessee ;  but  how  far  that  disloyal  sentiment  would  be  carried  out  if 
opportunity  presented  I  have  no  means  of  knowing ;  whether  it  would  go  so  far 
as  disobedience  to  the  law  I  do  not  know.  I  think  it  probable  that  in  some  por 
tions  of  the  State  there  might  be  some  lawless  fellows  who  would  disobey  the 
laws. 

Question.  You  speak  of  the  operation  of  the  Freedmen's  Bureau  in  your 
county.  Do  you  think  it  is  working  advantageously  to  the  planters  and  to  the 
freedmen  in  that  county  ? 

Answer.  There  must  be  some  tribunal  before  which,  if  there  is  any  dispute, 
it  can  be  settled.  But  we  really  have  had  no  use  for  it  of  any  consequence,  be 
cause  we  were  organized  and  getting  along  very  well  before  there  was  any  bu 
reau  established  there,  and  I  endeavored  to  have  a  law  passed  by  the  legislature 
which  would  have  prevented  our  having  any  use  for  it  in  our  section,  but  we 
failed  to  get  it.  I  think  the  Freedmen's  Bureau  operates  very  well. 

Question.  How  does  this  new  system  of  paid  labor  seem  to  satisfy  the  intel 
ligent  people  of  Tennessee  ? 

Answer.  In  my  judgment  it  satisfies  them  remarkably  well.  I  know  it  sat 
isfies  me.  I  have  made  the  experiment ;  I  allowed  the  freedmen  I  employed  to 
have  pretty  much  their  own  way,  and  they  made  as  much  as  they  ever  made 
when  slaves.  I  made  as  much  as  any  of  my  neighbors  made  the  past  year ;  in 
fact,  I  think  I  made  more.  I  do  not  hold  at  all  to  the  idea  that  negroes  will 
\  not  work  for  compensation. 

Question.  What,  in  your  opinion,  would  be  the  effect  at  the  next  election  in 
Tennessee  of  admitting  her  representatives  into  Congress  now  ]     Would  it  re 
suit  to  the  advantage  of  the  Union  men  of  the  State  to  admit  the  Tennessee 
representatives  at  this  time  ? 

Answer.  I  think  it  would  have  a  good  effect.  It  would  set  the  whole  ma 
chinery  of  the  State  in  motion,  and  the  people  would  become  identified  with  and 
better  satisfied  with  the  government  of  the  United  States,  even  those  who  have 
been  in  the  rebellion  My  judgment  would  be  that  different  candidates  would 
come  out  at  another  election,  and  in  some  sections  what  we  term  radical  men 
would  be  elected  ;  in  other  sections  what  we  call  conservatives  would  be  elected. 
But  I  think  that  in  hardly  any  case — at  least  not  in  Middle  Tennessee — would 
they  elect  what  would  be  called  rebels,  men  who  have  been  in  the  rebel  army 
and  taken  an  active  part  in  favor  of  the  rebellion.  They  would  be  afraid,  if 
they  should  put  up  such  men,  that  the  poorer  classes  would  be  arrayed  against 
them  by  the  Union  people,  which  I  think  can  be  done  in  every  district  in  Mid 
dle  and  West  Tennessee  ;  ancl  if  they  do  that,  we  will  have  a  civil  war  at  home. 
I  really  rtiink  it  would  have  a  very  beneficial  effect  to  admit  our  representatives 
now.  I  live  in  as  bad  a  rebel  djstrict  as  any  in  the  State  of  Tennessee ;  not 
originally  any  worse  than  others,  but  they  all  got  into  it  at  last.  The  rich  men 
had  influence,  and  made  the  poor  people  go  into  the  rebellion;  but  I  do  not 
think  they  have  that  influence  any  longer. 

W.  SPENCE. 


WASHINGTON,  February  5,  1866. 
Lieutenant  Colonel  John  H.  Cochrane  sworn  and  examined. 

By  Mr.  GRIMES: 

Question.  Are  you  connected  with  the  army  ? 
Answer.  I  have  been ;   I  was  mustered  out  of  service  last  week. 
Question.  With  what  regiment  have  you  been  connected  ] 


RECONSTRUCTION — TENNESSEE.  119 

Answer.  With  the  101st  United  States  colored  infantry.  I  was  acting  assist 
ant  adjutant  general  for  General  Fisk,  of  the  Freedrnen's  Bureau. 

Question.  Have  you  been  on  General  Fisk's  staff  until  recently  1 

Answer.  Yes,  sir. 

Question.  How  long  have  you  been  stationed  in  Tennessee,  and  at  what 
place  ? 

Answer.  Since  the  5th  of  September,  1863,  at  Nashville. 

Question.  Have  you  had  occasion  to  travel  much  through  the  State  ? 

Answer.  Yes,  sir;  considerable,  at  various  times. 

Question.  Have  you  been  brought  in  contact  with  the  people  of  Tennessee  to 
any  considerable  extent? 

Answer,  Yes,  sir;  iny  official  position  brought  me  in  contact  with  a  groat 
many  people. 

Question.  So  far  as  you  have  been  able  to  form  an  opinion,  what  is  the  pres 
ent  condition  of  public  sentiment  in  Tennessee  as  regards  loyalty  to  the  federal 
government  1 

Answer.  I  do  not  think  there  is  much  loyalty  there.  I  think  the  Union 
people  are  in  a  very  decided  minority ;  and  I  think  it  would  be  still  worse  if 
our  troops  were  withdrawn.  That  has  been  shown,  I  think,  in  the  sections 
from  which  the  troops  have  been  withdrawn. 

Question.  Is  there,  in  any  portion  of  the  State,  much  dissatisfaction  with  the 
restoration  of  the  federal  government  ? 

Answer.  Yes,  sir ;  there  is  a  great  deal  of  it  in  Middle  Tennessee  and  some 
in  East  Tennessee. 

Question.  How  is  it  in  West  Tennessee  1 

Answer.  West  Tennessee  is  bad,  too,  in  some  portions  of  it- 
Question.  How  tolerable  is  the  condition  of  those  men  who  have  been  loyal 
to  the  government  of  the  United  States  throughout  the  rebellion? 

Answer.  In  reference  to  what  ? 

Question.  How  are  they  treated  and  regarded  by  those  who  have  been  dis 
loyal  ? 

Answer.  The  feeling  now  is  subsiding  a  great  deal ;  but  there  was  a  great 
deal  of  opposition  by  disloyal  men  to  Union  men.  They  seem  to  harmonize 
now  better  than  they  did  a  year  ago.  There  does  not  appear  to  be  so  much 
trouble  between  them.  Still  the  Union  men  are  in  the  minority,  as  was  demon 
strated  at  the  election  of  mayor  of  Nashville ;  but  there  is  not  much  open  hos 
tility  between  them. 

Question.  Are  the  lives,  and  is  the  property,  of  Union  men  of  the  State  who 
have  borne  arms  in  the  federal  cause  safe  and  protected  at  this  time  ? 

Answer.  Yes,  sir.  I  do  not  know  how  it  would  be  if  the  troops  were  taken 
away  from  the  State. 

Question.  Do  you  believe  the  troops  could  be  safely  withdrawn  at  this  time  ? 

Answer.  I  do  not;  not  from  the  whole  State.  They  might  be  safely  with 
drawn  from  some  portions  of  the  State;  but  in  other  parts  of  the  State  I  do  not 
think  it  would  be  safe  for  northern  men  who  have  emigrated  there,  or  for  the 
Union  men  of  the  State  who  have  served  in  our  army,  if  our  troops  were  with 
drawn. 

Question.  Would  it  be  safe  for  the  freedmen  ? 

Answer.  No,  sir,  it  would  not. 

Question.  What  is  the  condition  of  the  freedmen  there  now? 

Answer.  It  is  very  good  ;  they  are  making  contracts  for  labor.  At  General 
Fisk's  office  the  demand  for  laborers  was  five  or  six  thousand  more  than  we 
could  supply. 

Question.  Do  the  freedmen  receive  remunerative  wages  for  their  labor? 


120  RECONSTRUCTION — TENNESSEE. 

Answer.  I  think  they  do. 

Question.  Are  the  labor  contracts  generally  observed  on  both  sides  ? 

Answer.  Yes,  sir,  in  most  instances.  We  have  had  but  very  little  trouble 
in  consequence  of  their  contracts  being  violated. 

Question.  So  far  as  you  know,  has  the  Freedmen's  Bureau  operated  advan 
tageously  for  all  parties  in  Tennessee*? 

Answer.  Yes,  sir,  I  think  so.  There  has  been  some  complaint  about  it;  but 
I  guess  the  great  cause  of  the  complaint,  the  freedmen's  court,  has  been  removed 
now.  The  admission  of  negroes  to  testify  in  the  courts  will  do  away  with  the 
necessity  for  a  freedmen's  court. 

By  Mr.  GRIDER: 

Question.  You  say  the  people  of  Tennessee  are  becoming  more  quiet? 

Answer.  Yes,  sir. 

Question.  What  is  your  opinion  as  to  the  effect  of  the  admission  of  the  dele 
gation  from  Tennessee  into  Congress?  Would  it  increase  the  spirit  of  loyalty 
or  quietude,  or  would  it  do  otherwise  ? 

Answer.  I  think  it  would  increase  it.  They  feel  there  now  as  though  they 
were  not  represented,  as  though  they  were  a  Territory,  and  it  was  hardly  worth 
while  being  loyal. 

Question.  Do  the  men  who  were  in  the  federal  army  and  those  who  were  in 
the  confederate  army  treat  each  other  with  more  courtesy  than  the  citizens  do? 

Answer.  Yes,  sir. 

Question.  And  more  generously? 

Answer.  We  have  but  little  trouble  with  the  men  who  were  in  the  confede 
rate  army.  I  found  it  so  in  Tennessee  and  Kentucky. 

WASHINGTON,  February  5,  1866. 

Lieutenant  Colonel  R.  W.  Barnard  sworn  and  examined. 
By  Mr.  GRIMES  : 

Question.  Are  you  an  officer  of  the  United  States  army  ? 

Answer,  Yes,  sir ;  a  brevet  lieutenant  colonel  of  the  United  States  army. 

Question.  Where  have  you  been  last  stationed  ? 

Answer.  In  Tennessee. 

Question.  How  long  have  you  been  there  ? 

Answer.  I  have  been  stationed  permanently  there  since  the  last  of  June,  1864. 

Question.  At  what  place  have  you  been  stationed  ? 

Answer.  At  Nashville. 

Question.  What  has  been  your  duty  there  ? 

Answer.  From  the  21st  of  June,  1864,  until  about  the  1st  of  August,  1865,  I 
was  superintendent  of  contrabands  for  the  department  of  the  Cumberland. 

Question.  Is  Nashville  still  your  headquarters  ? 

Answer.  Yes,  sir. 

Question.  What  is  the  condition  of  public  sentiment  in  the  State  of  Tennes 
see  in  regard  to  loyalty  to  the  government  of  the  United  States  ? 

Answer.  I  do  not  think  there  are  many  citizens  of  Tennessee  who  are  favor 
able  to  the  government  of  the  United  States. 

Question.  What  do  you  mean  by  that  ?  Do  you  mean  that  there  is  a  general 
spirit  of  disloyalty  throughout  the  State,  or  merely  that  they  are  dissatisfied 
with  the  condition  of  things  ? 

Answer.  Rather  that  they  are  dissatisfied  with  the  condition  of  things.  It  is 
not  disloyalty  sufficient  to  produce  an  outbreak,  but  it  is  a  spirit  of  disaffection. 

Question.  What  is  the  condition  of  the  Union  people  of  the  State,  those  who 
have  been  loyal  during  the  last  four  or  five  years  ? 


RECONSTRUCTION — TENNESSEE.  121 

Answer.  Do  you  mean  as  regards  their  treatment  by  the  citizens  ? 

Answer.  Yes,  sir. 

Answer.  I  do  not  think  they  are  molested  by  the  southern  sympathizers. 

Question.  Is  it  your  opinion  that  they  are  thoroughly  protected  in  all  their 
rights  and  privileges  ? 

Answer.  I  think  they  have  their  rights  and  privileges  by  sufferance  ;  that 
they  are  simply  not  interfered  with. 

Question.  What  is  the  condition  of  the  freedmen  in  Tennessee  ? 

Answer.  I  think  that  it  is  improving.  I  think  that  self-interest  on  the  part  of 
the  employers  will  protect  the  freedmen  in  their  rights  in  a  great  measure. 

Question.  So  far  as  you  know,  are  they  now  protected  in  their  rights  of  per 
sons  and  property  ? 

Answer.  As  a  general  thing,  I  think  they  are  by  their  employers. 

Question.  How  are  they  treated  by  those  who  are  not  their  employers  ? 

Answer.  I  do  not  think  they  are  treated  with  much  cruelty;  but  they  are  not 
treated  with  much  favor.  There  is  a  dislike  to  the  negro  since  he  is  free,  but  I 
do  not  think  he  is  treated  with  much  cruelty  in  Tennessee.  Still,  I  ascribe  that 
in  a  great  measure  to  the  presence  of  the  military  in  Tennessee,  and  the  decided 
policy  of  General  Thomas. 

Question.  Do  you  know  whether  measures  are  being  taken  generally  through 
out  the  State  to  put  in  crops  ? 

Answer.  Yes,  sir ;  and  there  is  a  great  demand  for  labor  from  all  parts  of 
Tennessee  by  northern  men  who  have  emigrated  there  and  citizens  of  the  State 
who  have  always  lived  there. 

Question.  Is  it  your  opinion  that  the  military  could  be  safely  removed  from 
Tennessee  at  this  time  ? 

Answer.  I  hardly  know  how  to  express  myself  on  that  subject.  I  have  not 
been  in  favor  of  removing  the  military.  I  can  tell  you  what  an  old  citizen,  a 
Union  man,  said  to  me.  Said  he,  "  I  tell  you  what,  if  you  take  away  the  mili 
tary  from  Tennessee,  the  buzzards  can't  eat  up  the  niggers  as  fast  as  we'll  kill 
'em."  I  do  not  think  it  would  be  as  bad  as  that;  but  I  know  there  are  plenty 
of  bad  men  there  who  would  maltreat  the  negro. 

Question.  What  is  your  opinion,  if  you  have  any  upon  the  subject,  in  regard 
to  the  effect  upon  the  public  sentiment  in  Tennessee  of  admitting  into  Congress 
the  delegation  from  that  State  ? 

Answer.  I  think  the  effect  would  probably  be  beneficial.  But  I  am  not  a 
politician ;  I  have  never  meddled  with  politics ;  I  have  never  voted  in  my  life. 
Still,  there  is  such  a  universal  desire  there  to  have  their  delegation  admitted  that 
I  think  it  would  probably  have  a  beneficial  effect. 

Question.  From  what  does  that  desire  arise  ? 

Answer.  Simply  H  desire  to  be  represented  in  Congress,  to  be  recognized  as 
a  State  again.    It  is  a  natural  desire  for  a  people  to  have.    I  do  not  think  there 
is  any  particular  political  meaning  in  it. 
By  Mr.  GRIDER  : 

Question.  Is  the  inclination  or  disposition  to  be  severe  on  the  freedmen  most 
common  with  those  who  formerly  owned  slaves,  or  with  those  who  never 
owned  any  ? 

Answer.  There  are  very  few  persons  of  any  standing  in  Tennessee  who  did 
not  formerly  own  slaves ;  therefore,  any  maltreatment  of  freedmen  would  be  by 
those  who  formerly  owned  slaves. 

Question.  Do  not  a  large  majority  of  the  people  in  Tennessee  who  formerly 
owned  slaves,  so  far  as  they  can,  seek  to  retain  them  by  hiring  them  ? 

Answer.  I  think  they  are  more  anxious  to  hire  their  own  former  slaves  than 
to  go  abroad  for  laborers — that  is,  as  a  general  thing;  but  there  are  some 


122  RECONSTRUCTION — TENNESSEE. 

instances  where  men  positively  refuse  to  let  a  negro  come  near  them  who  was 
ever  owned  by  them* 

Question.  But  the  general  rule  is  the  other  way  ? 

Answer.  I  rather  think  it  is. 

Question.  Portions  of  slaves  that  belonged  to  particular  men  went  off  with 
the  army,  and  some  remained  at  home.  Are  not  the  owners  of  those  who  re 
mained  at  home  peculiarly  kind  and  attentive  to  their  interests  ? 

Answer.  I  cannot  say  how  that  is  in  a  general  way.  When  I  was  superin 
tendent  of  contrabands  there  were  so  many  instances  of  cruelty  brought  before 
me,  and  at  the  same  time  so  much  evidence  of  kindness,  that  I  thought  it  was 
about  equally  divided  ;  it  depended  a  great  deal  upon  the  natural  heart  and 
condition  of  the  former  owner. 

Question.  You  speak  now  of  contrabands  ? 

Answer.  I  say  my  official  title  was  "  superintendent  of  contrabands." 

Question.  They  were  not  freedmen  then  1 

Answer.  Yes,  sir. 

Question.  The  constitutional  amendment  had  not  then  been  ratified  ? 

Answer.  No,  sir ;  but  the  President's  proclamation  had  freed  all  slaves  in 
insurrectionary  districts.  That  is  the  way  I  always  decided,  that  the  slaves  in 
the  insurrectionary  districts  had  been  all  freed  by  the  President's  proclamation. 
I  decided  that  the  slaves  in  Kentucky  were  not  freed,  but  that  in  Tennessee 
and  the  other  insurrectionary  States  they  were  free. 

Question.  You  speak  of  your  experience  as  the  officer  in  charge  of  that  in 
terest  before  the  constitutional  amendment  was  ratified  ? 

Answer.  Yes,  sir  ;  I  have  had  nothing  to  do  with  it  since.  I  have  been  com 
manding  my  own  regiment  since  August  last. 

WASHINGTON,  February  13,  1866. 

Oliver  P.  Temple  sworn  and  examined. 
By  Mr.  BINGHAM  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Knoxville,  East  Tennessee. 

Question.  How  long  have  you  resided  in  Tennessee  ? 

Answer.  All  my  life ;  I  was  born  in  Tennessee. 

Question.  Will  you  state  what  is  the  present  condition  of  affairs  in  Tennes 
see  touching  the  good  order  of  the  community,  and  what  it  has  been  for  the 
past  six  or  twelve  months  1 

Answer.  During  the  last  three  or  four  months  a  large  portion  of  East  Ten 
nessee  has  been  very  quiet,  considering  the  condition  of  the  country  previous  lo 
that  time.  Of  course,  previous  to  that  time  all  was  disorder  and  confusion  and 
war.  At  the  present  time  I  know  of  but  very  little  disorder  there  except  such 
acts  of  personal  lawlessness  as  always  grow  out  of  the  demoralization  resulting 
from  some  years  of  war. 

Question.  How  is  it  in  Middle  and  in  West  Tennessee  1 

Answer.  Personally  I  know  very  little  about  those  parts  of  the  State,  for  I 
have  not  been  there  for  some  time. 

Question.  Do  you  know  by  general  report  ? 

Answer.  Yes,  sir  ;  I  hear  a  great  deal  of  complaint  from  there  through  the 
newspapers  and  from  other  sources  of  information  ;  but  I  have  not  been  out  of 
my  section  of  the  State  in  that  direction  for  four  years. 

Question.  According  to  your  observation,  does  there  still  exist  in  the  State 
of  Tennessee  a  disunion  party  1 

Answer.  That  is  a  question  very  hard  to  answer.  In  one  sense  of  the  term, 
and  probably  in  most  senses  of  the  term,  there  does  exist  a  disunion  party 


RECONSTRUCTION— TENNESSEE.  123 

there  ;  in  another  sense  of  the  term  there  does  not.  In  my  section  of  the 
State  the  Union  party  was  very  largely  in  the  ascendency  during  the  war  and 
up  to  the  present  time.  The  rebels  were  very  hostile,  very  bitter,  and  very 
prescriptive  until  the  surrender  of  General  Lee  and  General  Johnston.  Since 
that  time  the  large  majority  of  the  rebels  in  my  section  of  the  State  with  whom 
I  have  come  in  contact  have  expressed  a  determination  to  submit  to  the  laws 
and  government  of  the  United  States,  and  although  I  know  some  original  seces 
sionists  who  still  would  desire  the  overthrow  of  the  government  of  the  United 
States  if  they  had  it  in  their  power,  I  think  the  majority  of  the  original  dis- 
unionists  in  my  section  of  the  State  are  so  overwhelmed  by  the  public  sentiment 
around  them,  and  the  disasters  that  have  befallen  their  cause,  that  they  utterly 
despair  of  accomplishing  anything  of  the  kind.  • 

Now,  while  I  apprehend  that  that  state  of  acquiescence  does  not  exist  to  the 
same  extent  in  Middle  Tennessee  and  in  West  Tennessee  as  in  East  Tennessee, 
yet  public  opinion  has  a  great  effect  upon  the  sentiments  of  men,  and  hence  I 
think  that  a  large  majority  of  the  original  secessionists  are  disposed  to  acqui 
esce  in  the  result  of  the  war.  I  do  not  think  they  will  ever  go  to  war  again 
against  the  government  of  the  United  States,  unless  there  was  a  much  better 
prospect  of  success  than  has  yet  presented  itself.  In  other  words,  I  think  they 
are  inclined  to  submit  to  the  existing  state  of  affairs.  They  complain,  it  is  true  ; 
but  I  do  not  think  they  have  any  intention  of  rebelling  again  ;  at  least  they  say 
they  have  not  in  their  conversations  with  me.  I  have  had  some  conversations 
with  them,  though  I  am  not  so  intimate  with  them  as  a  great  many  others  are, 
because  I  am  known  throughout  my  region  of  country  as  a  very  decided  Union 
man,  and  by  some  regarded  as  an  ultra  man. 

Question.  Have  all  the  secessionists  been  disfranchised  under  the  new  State 
organization  of  Tennessee  ? 

Answer.  They  have  not  all  been  disfranchised — only  those  who  cannot  take 
a  certain  oath;  certain  persons  who  did  not  vote  at  certain  elections  that  are  spe 
cified  in  our  laws  are  permitted  to  vote. 

Question.  What  proportion  of  the  former  voting  population  of  Tennessee  have 
been  disfranchised  by  the  existing  State  organization  ? 

Answer.  I  do  not  know  ;  I  have  never  made  the  calculation.  I  have  seen  a 
great  many  statements  made  by  politicians,  but  I  have  never  seen  any  state 
ment  that  I  had  reason  to  believe  was  accurate.  I  should  suppose  that  from 
40,000  to  60,000,  perhaps  more,  voters  have  been  disfranchised. 

Question.  Is  not  that  a  majority  of  the  whole  voting  population  of  the  State  ? 

Answer.  I  think  our  voting  population  before  the  war  was  about  145,000. 
I  do  not  know  how  that  number  has  been  affected  by  the  war. 

Question.  What  is  the  highest  vote  given  at  any  election  under  the  present 
organization  ? 

Answer.  I  think  that  some  40,000  votes  were  given  in  the  election  for  gov 
ernor  of  the  State. 

Question.  Is  it  or  not  your  opinion  that  if  the  white  people  of  the  state  were 
all  put  on  an  equality  in  regard  to  the  franchise,  a  majority  of  secessionists  and 
sympathizers  with  the  secessionists  would  secure  the  control  of  the  affairs  of 
the  State,  and  elect  its  officers  ? 

Answer.  I  very  much  fear  they  would  ;  but  I  am  by  no  means  certain  about 
that ;  I  think  that  would  depend  somewhat  upon  the  policy  adopted  by  our 
party  at  the  north.  If  a  very  ultra  and  extreme  policy  is  adopted  at  the 
north  it  will  in  all  probability,  supposing  the  secessionists  should  have  the 
privileges  of  the  ballot-box,  have  a  tendency  to  increase  their  numbers.  If  a 
milder  policy  is  adopted,  it  will  have  a  tendency  to  strengthen  the  Union  ele 
ment.  Party  combinations  are  shifting  so  in  our  State,  and  I  suppose  every 
where  now,  that  it  is  very  difficult  to  predict  in  advance  what  the  relative 


124  RECONSTRUCTION — TENNESSEE. 

strength  of  parties  will  be  in  the  future.     I  should  have  some  fears  that  if  the 
.  franchise  laws  of  our  State  were  repealed  and  a  free  election  were  allowed,  the 
rebels  permitted  to  vote,  the  control  of  the  State  would  pass  into  the  hands  of 
the  rebels ;  indeed  I  believe  it  would. 

Question.  Do  you  think  it  would  be  safe  for  the  Union  men  of  Tennessee 
to  allow  the  whole  voting  population  of  the  State  as  it  formerly  existed  to  con 
trol  the  affairs  of  that  State  without  any  federal  interference  at  all  ? 

Answer.  The  Union  people  in  our  section  of  the  State  would  unquestionably 
be  safe.  I  cannot  answer  positively  in  reference  to  the  other  divisions  of  the 
State.  East  Tennessee  is  able  to  take  care  of  itself  beyond  any  question  in  the 
world  ;  no  doubt  about  that.  With  the  present  franchise  act  of  our  State  in  opera 
tion,  1  have  but  very  little  doubt  but  what  the  Union  men  would  be  able  to 
take  care  of  themselves  there. 

Question.  Excluding  the  rebels  from  voting? 

Answer.  Yes,  sir. 

Question.  But  my  question  was,  supposing  the  right  of  suffrage  was  restored 
to  all  the  people  ? 

Answer.  1  should  apprehend  that  in  certain  sections  of  the  State  the  Union 
men  would  be  in  very  great  danger ;  that  is,  from  what  I  hear,  not  from  what  I 
know,  because  I  live  in  a  section  of  the  State  where  we  have  no  apprehensions 
whatever. 

Question.  Suppose  the  whole  body  of  the  white  population  of  Tennessee  was 
admitted  to  the  exercise  of  the  franchise,  what  in  your  opinion  would  be  the 
security  of  the  freedmen  in  Tennessee  without  federal  intervention  1 

Answer.  I  am  inclined  to  the  opinion  that  there  would  be  individual  instances, 
and  probably  a  considerable  number  of  them,  where  the  freedmen  would  be 
very  badly  treated  ;  but,  on  the  other  hand,  I  am  inclined  to  the  opinion  that  a 
majority  of  the  people  of  the  State  would  be  disposed  to  respect  their  rights 
even  if  all  restraints  were  removed.  I  am  very  well  satisfied  of  one  fact — that 
the  attempt  on  the  part  of  our  friends  to  protect  the  freedmen  there,  (as  a 
necessary  consequence  there  have  been  some  unwarranted  acts,  not  intentional, 
upon  the  part  of  persons  who  were  superintending  that  freedmen's  department, ) 
has  had  a  tendency  to  create  a  feeling  of  ill  will  towards  the  freedmen  that 
would  not  naturally  and  of  itself  have  existed.  I  myself  think  that  a  majority 
of  the  southern  people  entertain  a  feeling  of  kindness  for  those  who  were  for 
merly  their  slaves.  I  have  always  felt  that,  although  I  have  never  in  my  life 
been  an  ultra  man  upon  the  subject  of  slavery,  and  have  always  preferred  my 
government  to  the  institution  of  slavery,  as  is  very  well  known  in  my  section  of 
the  State,  I  was  perfectly  willing  to  give  up  the  institution  of  slavery.  I  do 
not  think  that  there  is  the  same  enmity  towards  the  blacks  upon  the  part  of  the 
southern  people,  even  if  extraneous  influences  were  removed,  as  is  commonly 
supposed  in  the  north.  But  possibly  I  judge  more  from  my  own  feelings  to 
wards  those  I  formerly  controlled  than  from  other  reasons  ;  it  may  be  that  has 
too  much  influence  upon  my  opinion  upon  the  subject. 

Question.  You  mentioned  forty  thousand  votes  as  having  been  given  at  one 
election  in  Tennessee  ;  were  they  given  for  the  same  candidates,  or  were  they 
divided  among  opposing  candidates  1 

Answer.  My  recollection  is  that  about  forty  thousand  votes  were  given  for 
the  Union  ticket.  I  am  not  sure  that  any  at  all  were  given  for  the-  opposite 
ticket,  but  I  may  be  mistaken  about  that.  I  have  been  very  busily  engaged  in 
other  pursuits,  ami  am  not  a  regular  professed  politician  in  any  way,  though  I 
take  an  interest  in  such  matters. 

Question:  Was  there  a  military  force  present  at  the  last  election  in. the  State, 
in  any  manner  controlling  it  ? 

Answer.  So  far  as  I  know,  and  so  far  as  I  have  ever  been  authentic  illy  in 
formed,  there  was  not.  There  was  a  military  force  in  the  State ;  but  if  the 


RECONSTRUCTION — TENNESSEE.  125 

military  interfered  at  all  in  the  elections  there,  I  have  no  authentic  information 
about  it. 

By  Mr.  GRIDER  : 

Question.  What  is  your  opinion  and  your  conviction  as  to  the  effect  of  ad 
mitting  the  present  delegation  of  representatives  now  elected  from  the  State  of 
Tennessee  ?  Would  it  increase  the  loyalty  and  gratify  the  feelings  of  the  peo 
ple  of  the  State,  and  would  it  decrease  it  to  exclude  them  ] 

Answer.  I  think  to  admit  the  representatives  would  unquestionably  strengthen 
the  loyal  men  there  very  much,  and  to  reject  them  would  unquestionably 
strengthen  the  disloyal  element.  I  think  that  rejecting  them  would  have  a  ten 
dency  to  make  a  great  many  Union  men  discontented,  and  when  men  become 
discontented  it  is  a  very  easy  matter  to  drive  them  off  into  the  opposite  extreme. 
I  desire  to  state  one  thing  more  definitely  and  distinctly  than  1  have  stated  in 
my  former  answer  with  reference  to  the  disunionists.  I  do  not  pretend  to  say, 
nor  do  I  mean  to  be  understood  in  anything  I  have  said  to  say,  that  the  original 
secessionists  in  our  State  have  changed  their  hearts.  I  think  their  hearts  are 
just  where  they  were  four  years  ago  ;  but  a  great  many  of  them  are  acquiescing 
in  the  present  condition  of  things,  and  I  think  a  great  many  of  them  intend  to 
continue  to  acquiesce  in  the  supremacy  of  the  government  of  the  United  States. 
But  I  think  their  hearts  are  just  where  they  were  before ;  or,  at  least,  that  is 
the  case  with  a  majority  of  them. 

Question.  I  will  ask  you  whether  those  gentlemen  who  are  acquiescing,  and 
who  say  they  are  willing  to  submit  to  the  general  government,  are  not  generally 
men  of  capacity  and  influence  and  consideration  ? 

Answer.  Yes,  sir ;  they  are  generally,  so  far  as  I  know,  because  those  are  the 
persons  I  generally  come  in  contact  with.  I  have  not  come  in  contact  with 
many  of  the  common  refugees,  and  I  know  very  little  about  their  sentiments. 
It  is  generally  persons  of  position  with  whom  1  have  come  in  contact,  or  with 
whom  I  have  had  conversation.  I  have  had  conversation  with  a  great  many  of 
them,  and  they  are  men  generally  of  standing  and  respectability,  or  were  so  be 
fore  the  war.  A  great  many  of  them  have  fallen  off  very  much,  in  my  estima 
tion,  since  that. 

WASHINGTON,  February  13,  1866. 
John  Williams  sworn  and  examined. 
By  Mr.  BINGHAM  : 

Question.  In  what  part  of  Tennessee  do  you  reside,  and  how  long  have  you 
resided  in  that  State1? 

Answer.  I  reside  in  Knox  county,  East  Tennessee,  and  have  resided  there 
all  my  life. 

Question.  Have  you  the  means  of  knowing  the  general  state  of  public  feel 
ing  in  Tennessee  ? 

Answer.  I  think  I  have. 

Question.  What  is  the  feeling  of  the  majority  of  the  people  of  Tennessee 
towards  the  government  of  the  United  States  1 

Answer.  So  far  as  I  am  advised,  it  is  my  opinion  that  the  feeling  of  not 
only  the  majority,  but  almost  the  entire  mass  of  the  people  of  Tennessee,  is 
friendly  towards  the  government  of  the  United  States.  I  know  of  no  opposi 
tion  there,  and  hear  of  none  except  through  the  newspapers.  You  can  hear 
contradictory  statements  upon  that  subject  almost  every  day.  Some  contend 
that  there  is  opposition  to  the  government.  But  my  observation  is  that  there  is 
none  anywhere  in  the  State,  so  far  as  I  am  advised.  The  rebels  have  been 


126  RECONSTRUCTION — TENNESSEE. 

thoroughly  whipped,  and  I  think  they  are  disposed  to  acquiesce  in  the 
supremacy  of  the  authority  of  the  United  States. 

Question.  Are  the  rebels  disposed  to  take  the  possession  and  control  of  the 
government  of  Tennessee,  if  they  get  the  chance  to  do  so  ? 

Answer.  I  suppose  if  you  were  to  give  them  the  privilege  of  voting,  as  a  mat 
ter  of  course  they  will  go  to  the  polls  like  everybody  else,  and  they  will  vote ; 
and  in  that  event,  there  being  a  majority  in  Tennessee  of  those  who  were 
rebels,  they  would  get  the  control  of  the  State.  But  I  am  one  of  those  who 
do  not  believe  there  is  much  opposition  in  the  State  of  Tennessee  to  the  govern 
ment  of  the  United  States.  If  you  permit  them  to  go  to  the  polls,  of  course 
they  would  be  in  the  majority,  because  there  are  more  of  them  than  of  the 
other  party  in  Tennessee. 

Question.  What  is  the  relative  strength  of  the  rebel  population  in  Tennessee, 
compared  with  the  white  Union  population  ? 

Answer.  I  think  that  upon  the  question  of  separation  from  the  Union,  which 
was  the  last  real  test  we  had  there,  there  were  from  40,000  to  45,000  for  the 
Union,  and  about  100,000  for  secession.  That  was  about  the  vote,  as  well  as 
I  now  recollect. 

Question.  Is  it  your  opinion  that  the  two  parties  sustain  about  that  relative 
relation  now? 

Answer.  I  do  not  think  they  do. 

Question.  What  do  you  think  is  now  the  difference  between  the  whole  num 
ber  of  Union  voters  and  rebel  sympathizers  in  Tennessee? 

Answer.  That  I  cannot  tell.  We  can  only  judge  of  that  from  the  test  of  an 
election,  and  we  have  had  no  election  which  was  anything  like  a  test  since  the 
8th  of  June,  1861,  and  therefore  it  would  be  impossible  for  me  to  form  any 
exact  idea  as  to  what  would  be  their  relative  strength  at  this  time.  I  do  not 
think,  however,  the  proposition  to  secede  again  would  now  get  a  single  vote 
in  Tennessee. 

Question.  I  do  not  mean  whether  they  would  vote  for  secession  now,  but 
whether  the  rebels  would  vote  to  give  themselves  the  control  of  the  State. 

Answer.  My  observation  and  experience  for  the  last  twelve  months  in  Ten 
nessee  would  lead  me  to  believe  that  some  of  those  who  have  been  the  worst 
rebels  have  now  got  to  be  some  of  the  most  noisy  Union  men  ;  they  are  the 
most  clamorous  and  make  the  most  noise.  The  great  body  of  the  Union  men 
in  my  section  of  the  country  have  not  been  to  an  election  for  some  time.  They 
refused  to  vote  at  any  of  the  elections  under  the  secession  government,  and  a 
great  many  of  them  have  not  gone  back  to  the  polls  since  they  have  been 
under  federal  rule. 

Question.  What  is  the  reason  of  that? 

Answer.  I  suppose  it  is  for  various  reasons.  There  is  a  state  government  in 
Tennessee  now  which  a  great  many  of  the  Union  men  do  not  indorse. 

Question.  Why  do  they  not  indorse  it? 

Answer.  Because  they  do  not  think  it  was  organized  in  accordance  with  prin 
ciples  laid  down  in  the  constitution  of  the  State  of  Tennessee;  that  is  all. 

Question.  Do  they  still  have  that  opinion  ? 

Answer.  I  think  a  great  many  of  them  have.  Still  they  acquiesce  in  the  gov 
ernment;  they  offer  no  resistance  to  it.  You  are  asking  me  for  my  opinion. 

Question.  Undoubtedly ;  and  a  great  deal  of  this  testimony  which  you  are 
giving  is  merely  your  opinion.  Do  these  Union  men  of  whom  you  speak  intend 
to  remain  away  from  the  polls  under  the  existing  State  organization? 

Answer.  I  do  not  think  they  do.  I  think,  as  time  rolls  on,  they  will  all  go 
back  to  the  polls.  But  men  in  a  high  state  of  excitement  will  not  do  a  great 
many  things  which  otherwise  they  will  do. 

Question.  Do  you  know  anything  about  any  agreement  or  organization  among 


RECONSTRUCTION — TENNESSEE.  127 

the  rebels  to  acquiesce  for  the  present,  and  after  restoration  to  take  control  of 
the  State? 

Answer.  I  have  no  knowledge  of  any  such  organization. 

Question.  Neither  from  rumor  nor  otherwise1? 

Answer.  None,  except  what  I  have  seen  published  in  the  Nashville  papers, 
as  coming  from  some  gentlemen  there.  A  Mr.  Fletcher,  and  others  who  are  on 
a  committee  there,  say  that  such  is  the  fact.  But  I  have  no  knowledge  of  the 
existence  of  any  such  organization. 

Question.  Those  men  to  whom  you  refer  have  made  that  statement  public? 

Answer.  Yes,  sir;  it  is  contained  in  an  address  to  Congress,  which  I  suppose 
you  have  all  seen. 

Question.  Do  you  think  with  the  State  of  Tennessee  under  the  control  of 
rebels,  without  any  restraint  upon  them  from  federal  intervention,  justice  would 
be  done  to  the  freedmen  in  that  State? 

Answer.  I  do  not  think  there  is  any  disposition  upon  the  part  of  anybody  in 
Tennessee,  rebel  or  Union,  to  inflict  any  injury  upon  the  colored  man. 

Question.  That  is  not  exactly  an  answer  to  my  question? 

Answer.  Well,  I  will  endeavor  to  answer  as  well  as  I  can. 

Question.  My  question  is  whether  you  think,  if  the  control  of  the  State  should 
pass  into  the  hands  of  the  rebel  majority,  justice  would  be  done  to  the  freedmen 
in  Tennessee? 

Answer.  I  think  it  would ;  because  I  know  personally  a  great  many  rebels 
who  are  as  kind  to  the  negro  as  any  one  else  is,  and  therefore  I  think  it  is  fair 
to  infer  that  they  would  continue  to  be  so. 

By  Mr.  GRIDER  : 

Question.  What  effect  do  you  think  the  admission  into  Congress  would  have 
upon  the  spirit  and  temper  of  the  people  of  Tennessee  ?  Would  it  gratify  them 
and  make  them  more  loyal,  or  would  it  tend  to  encourage  the  rebel  feeling  there? 

Answer.  I  think  it  would  have  a  very  beneficial  influence ;  I  think  it  would 
go  a  great  way  towards  bringing  about  a  better  state  of  feeling  than  perhaps 
exists  there  now.  There  are  some  of  our  people  there,  good  Union  people,  who 
are  disposed  to  complain  of  the  action  of  Congress  in  not  admitting  our  repre 
sentatives.  I  think  their  admission  would  put  them  in  good  humor  and  make 
them  feel  better  disposed  towards  the  government. 

WASHINGTON,  February  13,  1866. 

Abner  G.  Jackson  sworn  and  examined. 
By  Mr.  BINGHAM  : 

Question.  In  what  part  of  Tennessee  do  you  reside,  and  how  long  have  you 
resided  there? 

Answer.  I  reside  in  Knox  county,  East  Tennessee,  and  I  have  resided  there 
for  fifty-seven  years.  I  was  born  in  the  neighborhood  of  Petersburg,  Virginia. 

Question.  What  is  your  opinion  of  the  present  feeling  of  the  majority  of  the 
people  of  Tennessee  towards  the  friends  and  defenders  of  the  Union  in  the  State 
of  Tennessee  ? 

Answer.  So  far  as  my  observation  goes,  the  feeling  of  the  secession  party  is 
nothing  like  as  bitter  as  it  was  some  time  ago.  Until  within  the  last  two  or 
three  months  there  has  been  a  great  deal  of  bitterness  and  a  great  deal  of  trouble. 
But  it  is  now  much  more  quiet,  so  far  as  my  observation  goes.  . 

Question.  Is  it  your  opinion  that  the  active  Union  men  of  Tennessee  would 
be  safe  if  the  control  of  the  government  of  the  State  was  transferred  to  the  hands 
of  the  majority,  that  majority  being  understood  to  have  been  rebel  ? 


128  RECONSTRUCTION— TENNESSEE. 

Answer.  I  really  think  they  would.  I  should  be  perfectly  willing  to  risk  it 
if  it  were  thought  practicable  and  advisable  to  do  so.  But  just  in  that  con 
nexion,  speaking  of  rebels,  perhaps  you  and  I  would  differ  as  to  who  were 
rebels.  My  neighbor,  for  instance,  has  been  a  rebel ;  but  he  is  an  honest  man, 
and  comes  up  and  takes  the  oath.  I  do  not  now  look  upon  him  as  a  rebel,  be 
cause  by  taking  the  oath  he  has  wiped  out  his  sin  of  rebellion.  In  regard  to 
honest  men,  I  take  a  different  view  of  that  subject  from  some  others.  An  honest 
man  before  the  war  will  be  an  honest  man  after  the  war. 

Question.  In  what  majority  are  those  persons  in  Tennessee  who  have  been 
in  favor  of  the  rebellion  ? 

Answer.  I  am  not  as  well  posted  in  that  respect  as  some  others  are. 

Question.  Do  you  think  they  would  be  as  about  two  to  one  to  the  Union  men 
in  Tennessee  ? 

Answer.  I  think,  taking  the  whole  State,  perhaps  they  would  be,  or  that  they 
have  been. 

Question.  Are  they  now  ? 

Answer.  I  do  not  think  they  are. 

Question.  Are  they  in  the  majority  in  the  State  now  ? 

Answer.  I  think  it  very  likely  that  they  have  a  decided  majority. 

Question.  Do  you  think  the  vote  of  the  State  now  would  be  in  the  proportion 
that  Mr.  Temple  has  stated,  whose  testimony  you  have  heard? 

Answer.  I  form  my  opinion  more  from  what  Mr.  Temple  and  Mr.  Jackson 
have  stated  than  from  my  own  observation,  for  they  have  bestowed  more  pains 
upon  this  subject  than  I  have. 

Question.  Do  you  know  about  what  was  the  vote  of  Tennessee  for  governor 
at  the  last  election  for  that  office? 

Answer.  I  do  not ;  I  was  absent  from  Tennessee  at  that  time. 

By  Mr.  GRIDE R  : 

Question.  You  have  spoken  of  the  bitterness  that  existed  between  the  rebels 
and  the  Union  men  some  months  ago.  Will  you  not  state  whether  that  was  not 
rather  a  personal  difference,  rather  than  a  feeling  of  opposition  towards  the 
United  States  government  ? 

Answer.  It  was  a  personal  difference,  and  confined  to  very  low  people,  as  a 
general  thing. 

Question.  What  effect,  in  your  opinion,  would  the  admission  of  the  delegation 
from  Tennessee  into  Congress  have  upon  the  people  of  the  State?  Would  it 
have  a  good  effect  ? 

Answer.  I  think  it  would  have  a  very  decided  effect  to  harmonize  the  people 
of  Tennessee. 

Question.  Will  you  state  whether  the  rebel  officers  and  the  Union  officers 
who  have  met  in  your  neighborhood  since  the  war  ceased  have  not  got  along 
harmoniously  together  and  like  gentlemen  ? 

Answer.  Officers  and  soldiers  both  have  done  so;  that  is  true,  with  the  ex 
ception,  as  I  stated  before,  of  low  fellows. 


PART  II. 


VIRGINIA,  NORTH  CAROLINA,  SOUTH  CAROLINA. 


SUB-COMMITTEE. 

Mr.  JACOB  M.  HOWARD,  (of  Michigan,)  United  States  Senate. 
Mr.  ROSCOE  OONKLING,  (of  New  York,)  House  of  Representatives. 
Mr.  HENRY  T.  BLOW,  (of  Missouri,)  House  of  Representatives. 


Mr.  CONKLING,  from  the  Select  Joint  Committee  on  Reconstruction,  reported 

the  following  evidence. 


TESTIMONY 


WASHINGTON,  January- 23,  1866. 

Brevet  Major  General  John  \V.  Turner  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Of  what  State  are  you  a  citizen  ? 

Answer.  The  State  of  Illinois. 

Question.  Are  you  now  in  the  public  service  ?  If  so,  in  what  capacity,  and  where  are  you 
stationed? 

Answer.  I  am  in  the  military  service  of  the  United  States,  in  command  of  the  district  of 
Henrico,  including  the  city  of  Richmond,  Virginia ;  I  have  been  in  command  there  since  the 
middle  of  June  last. 

Question.  Does  your  district  include  any  other  city  than  Richmond  ? 

Answer.  It  does  not ;  it  includes  the  county  of  Henrico  and  the  town  of  Manchester,  op 
posite  Richmond,  on  the  opposite  side  of  the  James  river. 

Question.  Were  you  in  the  Union  army  at  the  time  of  the  evacuation  of  Richmond  ? 

Answer.  Yes,  sir. 

Question.  Serving  under  whom  ? 

Answer.  I  was  commanding  a  division  in  the  24th  army  corps,  under  General  Gibbon. 

Question.  State,  generally,  the  nature  of  your  duties  at  Richmond  at  the  present  time. 

Answer.  Perhaps  I  had  better  go  back  a  little  and  state  what  my  duties  have  been,  as  they 
have  been  circumscribed  somewhat  lately. 

Question.  Please  do  so. 

Answer.  On  assuming  command  there  I  took  the  entire  control  and  charge  of  the  city  of 
Richmond,  exercising  all  the  power  and  authority  ordinarily  vested  in  the  municipal  authori 
ties  of  a  city.  The  civil  courts  were  suspended — all  the  ordinary  tribunals  before  which  the 
citizens  of  a  community  resort  for  the  redress  of  their  grievances. 

Question.  Was  the  district  under  martial  law  ? 

Answer.  Yes,  sir. 

Question.  Has  it  been  ever  since  ? 

Answer.  Yes,  sir. 

Question.  And  is  now  ? 

Answer.  Yes,  sir.  From  time  to  time  I  have  turned  over  to  the  regularly  constituted  civil 
authorities  which  have  been  established  all  actions  in  civil  cases.  During  the  summer,  and 
until  October,  I  took  cognizance,  as  a  sort  of  equity  court,  of  all  civil  cases  that  I  could  ad 
judicate  upon.  I  was  consequently  brought  in  contact  with  a  great  many  citizens,  who 
necessarily  came  to  me  for  relief  of  their  wants  of  various  kinds. 

At  present  my  duties  are  confined  almost  exclusively  to  affairs  in  which  freedmen  are  in 
volved.  The  State  civil  courts  all  having  been  established,  a  mayor  having  been  elected  and 
his  police  court  established,  they  have  taken  from  me  all  jurisdiction  over  matters  tending  to 
the  peace  and  quiet  of  the  community.  At  present,  therefore,  I  take  cognizance  only  of  those 
matters  in  which  freedmen  are  involved ;  and  of  those  I  take  action  only  in  criminal  cases  ; 
all  civil  cases  go  to  the  Freedmen's  Bureau.  But  Richmond  being  a  large  city,  and  there 
being  a  large  congregation  of  negroes  there,  there  is  required  a  court  constantly  in  session  to 
dispose  of  criminal  cases  of  daily  occurrence.  I  have  trom  ten  to  twenty  cases  every  day  to 
dispose  of,  mostly  for  petty  misdemeanors. 

Question.  Is  there  in  your  district  any  interruption  of  the  courts  of  justice  by  mobs  or 
violence  ? 

Answer.  No,  sir. 

Question.  Are  juries  regularly  assembled  in  the  State  courts  for  the  trial  of  causes  ? 

Answer.  The  courts  were  established  only  late  in  the  fall,  and  the  only  court  that  has 
been  going  on  is  what  is  called  the  hustings  court.  Of  that  court  there  are  two  branches — the 
one  composed  of  a  judge,  the  other  of  fifteen  magistrates.  That  court  does  not  have  a  jury. 
I  think  that  in  the  circuit  court  and  in  Judge  Meredith's  court  there  is  a  jury. 

Question.  How  are  the  sheriffs  of  those  courts  appointed  ? 

Answer.  They  are  all  elected. 

Question.  Have  you  been  present  in  Richmond  or  in  any  other  place  in  Virginia  on  any 
day  of  election  ? 

Answer.  Yes,  sir. 

Question.  What  do  you  know  in  regard  to  ex-rebels  voting? 
1  V  NC  SC 


2  RECONSTRUCTION. 

Answer.  The  first  election  in  Richmond  was  for  mayor,  aldermen,  members  of  the  council, 
sheriff,  high  constable,  commonwealth's  attorney,  &c.  So  far  as  tumultuous  proceedings 
were  concerned,  that  election  was  conducted  very  quietly ;  there  was  no  disturbance.  I  took 
every  precaution  that  the  soldiers  should  not  interfere  with  the  voting  ;  that  they  should  keep 
a\vav  from  the  polls.  The  people  had  free  scope  to  do  and  say  just  what  they  pleased.  I 
oulv"took  the  precaution,  in  case  of  a  riot  or  disturbance,  to  have  the  means  at  hand  to  sup 
press  it.  I  know  that  at  that  election  the  people  of  Richmond  electioneered  on  the  streets 
and  made  harangues  and  speeches  in  favor  of  ex-rebel  officers. 

Question.  Was  this  done  within  your  own  hearing? 

Answer.  I  cannot  say  I  heard  it ;  it  was  so  reported  to  me. 

Question.  Was  the  information  you  received  so  direct  and  authentic  as  to  leave  no  doubt 
upon  your  mind  as  to  its  correctness  ? 

Answer.  Yes,  sir. 

Question.  Did  you,  at  that  election,  hear  any  outcries  or  shouts,  indicating  that  the  people 
were  generally  more  in  favor  of  those  candidates  who  had  been  rebels  than  of  those  who  had 

Answer.  I  did  not,  personally,  for  I  took  the  precaution  to  keep  out  of  sight  of  anything 
of  the  kind  that  day  ;  but  my  officers,  whom  I  had  on  duty,  reported  to  me  that  such  things 
did  occur,  and  I  am  fully  confident  they  did. 

Question.  Have  you  mingled  freely  with  the  people  of  Richmond  and  of  other  portions  of 
your  district  since  you  have  been  in  command  there,  so  as  to  be  able  to  ascertain  the  state  of 
their  feelings  towards  the  government  of  the  United  States  ? 

Answer.  I  have  been  thrown  in  contact  with  a  great  many  of  them;  but  when  you  ask  me 
if  I  have  mingled  with  them — gone  into  their  society — I  must  say  that  I  have  not,  because 
they  will  not  permit  me  to  do  it. 
Question.  Why  not? 

Answer.  Because  I  am  a  "Yankee,"  and  they  will  not  permit  me  to  go  inside  their  nouses. 
Question.  Can  you  give  an  instance  of  any  exclusion  of  that  sort? 

Answer.  No,  sir;  not  of  any  direct  exclusion;  only  that  none  of  them  have  ever  invited  me  to 
visit  their  houses.  I  know  of  only  one  instance  where  I  was  invited  to  the  house  of  a  citizen 
of  Richmond  who  was,  and  has  been  during  the  war,  a  secessionist.  I  judge  from  the  man 
ner  in  which  they  avoid  me  ;  the  nature  of  their  conversation  when  they  are  in  my  presence, 
when  they  are  obliged  to  approach  me  on  matters  of  business;  their  deportment  and  their 
acts  on  the  streets  indicating— all  these  things  satisfy  me  that  I  am  not  welcome  among  them. 
On  the  contrary,  that  they  have  towards  me,  and  I  am  constantly  reminded  of  it,  a  deep- 
abiding  hate.  I  am  filled  with  the  cousciousnesss  of  it  every  day.  I  have  not  been  on  the 
streets  of  Richmond  scarcely  a  day  for  the  last  four  months  that  I  have  not  seen  some  indi 
cation  from  man  or  woman  marking  his  or  her  contempt  for  me  because  I  am  a  "Yankee  ;" 
bv  a  shrill  of  the  shoulders,  by  walking  across  the  street  to  avoid  meeting  me,  by  their 
turning  their  backs  on  me,  or  leaving  a  store  when  I  enter  it,  turning  their  noses  up  at  me. 
I  do  not  suppose  a  day  has  passed  in  any  week  for  the  last  four  months  that  that  has  not 
been  done. 

Question.  Are  you  aware  that  any  of  those  citizens  have  any  cause  of  personal  dislike 
towards  you  ? 

Answer.  They  have  not. 

Question.  Have  you  had  any  personal  altercation  with  any  of  them  ? 

Answer.  Not  with  a  single  person  in  the  city  of  Richmond.  When  I  have  been  brought 
in  contact  with  them,  in  the  exercise  of  my  official  duties,  I  have  always  treated  them 
kindly ;  I  have  spoken  pleasantly  to  them ;  I  have  avoided  in  every  way  the  giving  any 
offence  by  word  or  act 

Question.  Have  you  received  any  instructions  from  your  superiors  in  relation  to  your 
demeanor  towards  them? 

Answer.  No,  sir;  I  have  never  received  any  instruction  on  that  point. 
Question.  I  do  not  mean  any  official  instructions ;  but  have  you  not  been  informed  of  the 
desire  of  the  President  of  the  United  States  on  that  point  ? 

Answer.  I  conceived  it  to  be  my  duty,  when  I  was  assigned  to  the  command  there,  to  do 
all  in  my  power  to  conciliate  and  harmonize  the  people,  and  I  did  it  conscientiously.  I  have 
forced  down  many  a  time  against  my  inclination  the  indignation  that  arose  in  me,  feeling 
that  it  was  my  duty  to  do  so ;  that  perhaps  I  ought  to  forbear  showing  rny  feelings.  I  think 
it  probable  that  if  you  should  ask  the  citizens  of  Richmond,  they  would  speak  of  my  course 
there  as  having  been  charitable  and  kind.  At  any  rate,  such  are  the  reports  that  are  brought 
to  me ;  that  they  have  nothing  to  gainsay  of  what  I  have  done.  Of  course,  in  the  proper 
discharge  of  my  official  duties  there,  I  have  been  obliged  to  take  some  measures  that  were 
not  very  pleasant  to  some  of  them. 

Question.  It  was  your  uniform  and  firm  intention  and  inclination  to  treat  them  fairly  and 

Answer.  Yes,  sir ;  as  much  so  as  I  ever  attempted  to  perform  any  duty  in  my  life. 

Question.  And  you  are  not  conscious  of  ever  having  acted  differently? 

Answer.  No,  sir. 

Question.  What  is  your  conviction  of  the  general  sentiment  of  the  people  in  your  district, 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  3 

or  in  Virginia  generally,  so  far  as  you  know,  towards  the  government  of  the  United  States ; 
as  a  general  thing,  as  a  prevalent  feeling,  do  they  like  it  or  do  they  hate  it? 
Answer.  It  is  my  conviction  that  they  hate  it. 
Question.  And  you  derive  this  conviction  from  what? 

Answer.  From  a  long  intercourse  with  them  ;  from  watching  them  as  carefully  as  I  could 
and  judging  them  as  dispassionately  as  I  could;  and  I  think  I  am  able  to  judge  them  dis 
passionately.  I  do  not  think  they  love  the  country  or  the  government.  It  is  their  belief, 
or  their  expression  of  belief,  that  they  cannot  live  with  the  north ;  that  they  are  a  different 
people.  I  do  not  think  that  their  oath  of  allegiance  conveys  to  them  any  binding  force  or 
obligation  whatever  to  support  and  defend  the  government.  I  do  not  believe  that  they,  for 
an  instant,  think  it  does. 

Question.  As  a  general  thing  ? 

Answer.  As  a  general  thing. 

Question.  Why  not ;  in  what  sort  of  casuistry  do  they  indulge  in  that  regard ;  in  other 
words,  how  does  it  happen  that  a  man,  honorable  and  honest  in  his  private  relations,  can 
reconcile  it  to  his  conscience  to  violate  and  disregard  his  oath  ? 

Answer.  That  is  a  matter  entirely  beyond  my  comprehension.  I  can  only  attribute  it  to 
the  fact  that  they  are  an  impulsive  people,  and  speak  and  act  from  their  impulses  more  than 
from  their  reason  and  judgment.  I  have  had  related  to  me  scores,  and  I  may  say  hundreds 
of  times,  instances  of  men  who  have  taken  the  oath  of  allegiance,  asserting  that  they  would 
never  fight  for  the  old  flag. 

Question.  Does  this  information  come  to  you  from  authentic  sources  ? 

Answer.  Yes,  sir.  I  call  to  mind  distinctly  now  one  instance  where  a  man  told  me  that  he 
was  sitting  at  the  breakfast  table  in  a  private  boarding-house,  when  the  conversation  turned 
upon  the  probability  of  a  war  with  France  or  England.  One  man  present  at  the  table  re 
marked,  "Well,  if  we  get  into  a  war  with  England,  I  am  going  on  that  side." 

Question.  On  the  side  of  England  ? 

Answer.  Yes,  sir.     "  I  am  going  to  fight  for  England ;  I  will  not  fight  for  this  country." 

Question.  Was  that  man  one  of  position  in  society  there  ? 

Answer.  That  I  cannot  say.     He  was  certainly  living  at  a  genteel  boarding-house. 

Question.  Was  he  an  educated  and  well-bred  man  ? 

Answer.  He  was  boarding  with  the  gentleman  who  related  the  circumstance  to  me,  and 
who  goes  in  the  first  society  there.  I  have  heard  these  things  so  often  that  I  have  ceased  to 
pay  attention  to  them ;  they  pass  in  one  ear  and  out  of  the  other.  It  is  from  hearing  these 
remarks,  and  from  their  deportment  towards  me,  that  I  have  been  brought  to  the  conviction 
that  their  oath  of  allegiance  does  not  bear  with  any  force  or  obligation  upon  them. 

Question.  In  case  of  the  actual  occurrence  of  a  war  between  the  United  States  and  any 
foreign  power,  say  England  or  France,  suppose  there  should  be  an  opportunity  offered  for  the 
southern  rebels  to  join  the  enemy ;  in  your  opinion,  what  would  they  do  ? 

Answer.  I  cannot  help  but  think  they  would  go  against  us.  If  a  foreign  fleet  should  land 
on  the  coast  of  any  of  the  southern  States,  the  people,  as  a  community,  might  not  organize 
into  an  armed  band  or  an  armed  force  and  re-enforce  the  enemy ;  but  I  believe  they  would 
assist  them  by  giving  them  information  and  furnishing  them  with  supplies,  and  open  their 
country  to  them  as  a  base  of  operations.  Such  is  my  conviction.  I  think  if  we  should  get 
into  war  with  a  foreign  pcwer,  and  that  power  should  make  offers  to  the  leading  military  men 
of  the  rebellion,  the  generals,  colonels,  majors,  &c.,  the  most  of  them  would  accept  the 
offers.  I  think  that  is  their  spirit  now. 

Question.  What  is  your  idea  as  to  the  decrease  or  increase  of  this  spirit  since  the  close  of 
the  war ;  so  far  as  your  observation  extends,  has  it  decreased  or  increased  ? 

Answer.  There  is  vastly  more  demonstration  of  it  now  than  there  was  in  the  months  of 
May  and  June  last :  whether  their  feeling  of  hate  has  increased  since  that  time  or  not  I  will 
not  say.  They  certainly  give  more  demonstration  of  it  now  than  they  did  then. 

Quastion.  In  your  judgment  what  has  been  the  effect  of  the  pardons  and  amnesties  which 
have  been  granted  to  rebels  in  Virginia,  especially  in  your  district ;  what  has  been  the  moral 
effect  upon  the  minds  and  hearts  of  the  recipients  of  those  favors  ?  , 

Answer.  I  cannot  help  thinking  that  it  has  gone  far  to  depress  the  hopes  of  the  few  Union 
men  there,  and  to  raise  the  hopes  of  the  secessionists.  The  secessionists  receiving  pardons 
seem  to  have  assumed  an  authority  and  political  control,  and  to  exercise  an  influence  upon 
society  that  they  did  not  before  they  received  those  pardons  ;  and,  of  course,  their  control 
and  influence  are  antagonistic  to  the  Union  people  and  Union  sentiment.  The  Union  peo 
ple  were  in  the  minority  after  these  secessionists  got  their  pardons,  and  had  to  take  back 
seats.  I  have  been  deeply  grieved  for  the  Union  men  there  when  I  saw  their  utter  want  of 
hope.  I  am  confident  that,  as  they  all  tell  me,  they  have  no  hope  now. 

Question.  Have  the  Union  people  there  any  effectual  strength,  politically  or  socially  ? 

Answer.  No,  sir,  neither  politically  nor  socially.  Union  men  who  have  lived  in  Virginia 
all  their  lives  tell  me  they  will  have  to  leave  as  soon  as  our  troops  are  withdrawn. 

Question.  Is  such  the  state  of  things  now  ? 

Answer.  Yes,  sir.  There  are  men  there  who  remained  there  during  the  four  years  of  the 
war,  who  were  Union  men,  but  whose  feelings  and  opinions  were  not  generally  known 
through  the  war  ;  by  keeping  quiet  and  out  of  the  way  of  the  crowd  they  were  lost  to  the 


4  RECONSTRUCTION. 

public  view  generally.  Since  our  advent  there  they  have  come  forth  and  made  known  what 
were  their  feelings  and  sentiments  all  through  the  lour  years  of  the  war.  These  people  are 
now  persecuted  to  death,  one  might  say,  by  the  rebels,  who  accuse  them  of  having  l>een 
false  to  their  flag  and  their  countiy. 

Question.  I  will  suppose  this  case:  that  the  military  power  and  control  of  the  government 
is  entirely  withdrawn  from  Virginia,  and  from  the  other  rebel  States,  so  that  there  shall  be 
no  longer  the  restraining  influence  of  the  government  of  the  United  States  upon  them  ;  but 
those  States  would  apparently  have  perfect  liberty  to  again  attempt  to  secede  from  the 
Union  ;  would  they  or  not  again  attempt  to  set  up  the  so-called  confederate  government,  or 
something  like  it  ? 

Answer.  I  think  this :  that  if  they  thought  they  could  succeed,  by  tearing  down  the  United 
States  flag  to-morrow,  they  would  do  it. 

Question.  Suppose  this  case:  that  the  government  of  the  United  States  should  not  exer 
cise  or  threaten  to  exercise  its  military  power  and  restraint  in  opposition  to  secession  again ; 
or,  in  other  words,  suppose  there  was  no  immediate  prospect  of  the  use  of  military  force  for 
that  purpose,  would  they  again  undertake  to  go  out  of  the  Union  and  form  a  confederate 
government  and  take  the  chances  ? 

Answer.  There  are  so  many  contingencies  involved  that  one  can  hardly  give  a  direct 
answer  to  that  question.  I  arn  confident  they  would  fire  on  the  United  States  flag  to-morrow 
if  they  thought  that  by  so  doing  they  would  effect  a  separation.  But  there  are  many  chances 
against  them,  and  it  is  a  question  ot  how  many  chances  they  would  take  against  themselves. 
My  theory  of  the  matter  is  this  :  they  are  determined,  I  think,  to  effect  a  separation  from  the 
north  socially  and  commercially ;  they  failed  to  effect  one  politically,  and  they  are  determined 
to  effect  a  social  and  commercial  separation  if  they  can.  They  will  make  themselves  a  sepa 
rate  people  in  every  way ;  make  it  unpleasant  for  northerners  to  be  among  them  ;  be  aggres 
sive,  and  a  northerner  will  be  unable  to  obtain  redress.  They  will  do  that  for  the  purpose  of 
effecting  a  social  separation,  and  making  themselves  a  distinct  people,  so  far  as  they  can, 
while  living  under  the  same  government ;  biding  their  time  when  they  may  effect  a  politic  il 
separation. 

Question.  Ever  entertaining  the  hope  of  an  ultimate  separation  ? 

Answer.  Yes,  sir,  that  is  my  opinion ;  and  if  we  cannot  overcome  those  people,  socially 
and  commercially  ;  if  we  cannot  make  them  homogeneous  with  us  at  the  north,  by  introdu 
cing  among  them  enough  of  us,  I  think  it  is  only  a  question  of  time  when  we  shall  be  sepa 
rated.  They  say  they  cannot  mix  with  us;  that  they  do  not  mean  to  mix  with  us ;  that 
they  cannot  live  with  the  north. 

Question.  Why? 

Answer.  Because  they  say  they  are  above  the  north.  They  look  upon  a  man  from  the 
north  as  a  mean  and  despicable  wretch,  a  Yankee.  There  is  nothing  so  contemptuous  or 
opprobrious,  in  their  estimation,  as  the  term  "Yankee."  It  is  the  concentration  of  every 
thing  mean  and  despicable ;  and  if  we  cannot  overcome  that  feeling  by  sending  capital,  and 
brains,  and  muscle  down  there,  we  will  yet  be  a  divided  country.  At  present  there  is  con 
siderable  northern  capital  in  Richmond  ;  and  men  will  come  up  and  cringe  and  fawn  for  the 
purpose  of  borrowing  money.  A  president  of  a  bank  there  told  me  himself  that  they  would 
come  up  and  cringe  for  the  purpose  of  borrowing  money,  and  then  would  not  speak  to  the 
man  on  the  street  of  whom  they  got  it.  Capital  has  not  yet  begun  to  exercise  much  influ 
ence  there.  A  great  deal  of  capital  which  had  been  taken  there  has  been  withdrawn,  owing 
to  the  animosity  exhibited  on  the  part  of  the  people  there.  Those  who  took  it  there  have 
left,  feeling  that  they  could  not  get  along. 

Question.  Among  capitalists  who  have  thus  attempted  to  take  their  money  into  Virginia, 
what  is  the  feeling  in  regard  to  their  obtaining  justice  from  the  courts  as  they  are  adminis 
tered  there  ? 

Answer.  As  the  courts  have  been  established  very  recently  there,  I  do  not  know  that  I 
ought  to  give  an  opinion  upon  that  subject.  But  knowing  what  the  feelings  of  the  people 
are^  I  can  readily  anticipate  what  the  result  will  be ;  it  cannot  be  otherwise.  But  as  they 
have  had  little  or  no  opportunity  as  yet  to  show  what  their  course  will  be  in  that  respect,  1, 
perhaps,  had  better  not  express  an  opinion. 

Question.  What  is  your  impression  as  regards  the  conviction  of  rebels  for  treason  by  a 
Virginia  jury  ?  Could  a  jury  be  found  in  Virginia  that  would  convict  a  man  of  treason  ? 

Answer.  I  have  not  the  slightest  idea  in  the  world  that  it  could  be  done  ;  it  would  be  a 
farce  to  attempt  any  such  thing. 

Question    How  do  the  people  of  Virginia  treat  the  emancipated  negroes  ? 

Answer.  I  do  not  think  there  is  a  general  feeling  of  aggression  towards  the  negroes.  The 
more  intelligent  people  there,  those  who  have  landed  estates,  need  their  labor.  Being  de 
pendent  upon  them  for  labor,  they  see  the  necessity  of  employing  them,  and  are  disposed  to 
get  along  with  them.  All  of  the  people,  however,  are  extremely  reluctant  to  grant  to  the 
negro  his  civil  rights— those  privileges  that  pertain  to  freedom,  the  protection  of  life,  liberty, 
and  property  before  the  laws,  the  right  to  testily  in  the  courts,  &c.  They  are  all  very 
reluctant  to  concede  that ;  and  if  it  is  ever  done,  it  will  be  because  they  are  forced  to  do  it. 
They  are  reluctant  even  to  consider  and  treat  the  negro  as  a  free  man,  to  let  him  have  his 
hall* of  the  sidewalk  or  the  street  crossing.  They  cannot  get  over  their  prejudices  against 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  5 

him,  or  have  not  as  yet.  Among  the  lower  classes  of  the  whites  there  is  a  spirit  of  aggres- 
sion  against  the  negro ;  they  are  disposed  to  ban  the  negro,  to  kick  him  and  cuff  him,  and 
threaten  him  with  what  they  will  do  as  soon  as  the  Yankees  go  away. 

Question.  Is  this  feeling  of  dislike  of  the  negro  more  intense  and  bitter  with  the  lower*! 
classes  of  whites  than  with  the  upper  1 

Answer.  I  think  that,  as  a  rule,  even  the  more  intelligent  classes  cannot  look  upon  the 
negro  in  any  other  light  than  a  negro.  Their  feeling  may,  perhaps,  be  more  deep  ;  and  while 
they  are  willing  to  treat  him  well — not  to  abuse  him  physically — they  do  not  accord  to  him 
civil  rights.  The  very  question  of  according  civil  rights  to  a  negro  is  something  very  repug 
nant  to  them,  something  at  which  they  revolt  from  the  very  bottom  of  their  souls.  With  the 
lower  classes — I  speak  now  more  particularly  of  the  city  of  Richmond — probably  the  feeling 
does  not  exist  to  such  an  extent  in  the  rural  districts — there  is  an  impulsive  feeling  of  aggres 
sion — a  desire  to  hit  the  negro  out  of  the  way.  They  do  not  think  about  his  rights;  they  do 
not  appear  to  know  what  it  means ;  only  they  feel  that  the  negro  has  something  now  that  he 
did  not  have  before ;  that  he  is  putting  on  airs.  And  a  great  many  of  the  negroes  are  in 
clined  to  take  the  thing  in  their  own  hands ;  they  are  not  disposed  to  be  imposed  upon  by 
those  people,  if  they  can  have  half  a  show  to  defend  themselves. 

Question.  Can  you  think  of  any  motive  which  would  induce  the  white  population  of  that 
region  to  permit  the  negro  to  have  the  right  of  suffrage  1 

Answer.  No,  sir;  they  will  not  do  it,  unless  they  are  compelled  to  do  so — at  least  not  for 
years.  I  do  not  know  what  motive  would  induce  them  to  do  it  now;  it  must  be  some  great 
compulsion.  I  have  seen  the  proposed  amendment  to  the  Constitution  introduced  by  the 
Joint  Committee  on  Reconstruction.  My  present  impression  is,  that  should  that  amendment 
be  adopted,  they  would  lose  a  portion  of  their  representation  before  they  would  allow  the 
negro  to  vote. 

^  Question.  State,  in  general  terms,  what  is  the  condition  of  the  colored  population  in  your 
district  and  its  vicinity  in  respect  to  good  order,  industry,  and  willingness  to  labor  and  earn 
a  living,  if  treated  fairly  and  paid  reasonably. 

Answer.  They  are  getting  along  there  fully  as  well  as  could  be  expected.  The  affairs  of 
the  Freedmen's  Bureau  have  been  very  well  managed,  so  far  as  it  has  come  under  my  obser 
vation.  I  have  no  doubt  of  the  disposition  of  the  freedmen  to  work.  Of  course,  take  any 
class  of  slaves  as  numerous  as  were  those  of  the  south  and  remove  from  them  the  restraints 
under  which  they  have  always  lived,  and  there  will  be  a  great  many  lawless,  idle  people 
among  them  who  will  be  inclined  to  prey  upon  the  community ;  but  I  have  no  doubt  at  all  that 
the  mass  of  the  freedmen  will  soon  learn  what  it  is  to  take  care  of  themselves.  I  have  talked 
with  a  great  many  men  down  there  who  have  employed  a  large  number  of  negroes,  and  I 
have  yet  to  come  across  the  first  case,  where  the  negro  has  been  impressed  with  the  confidence 
that  his  employer  was  willing  to  accord  to  him  all  his  civil  rights  as  a  free  man,  that  there 
was  any  difficulty  at  all.  In  those  instances  where  there  has  been  trouble,  and  the  negro 
has  gone  off  and  left  the  place,  I  have  found  the  employers  to  be  impracticable  men.  As  I 
said  before, 'they  could  not  forget  that  the  negro  had  been  a  slave.  They  might  not  be  dis 
posed  to  punish  them  or  beat  them;  but  there  was  something  in  their  conduct  which  excited 
in  the  mind  of  the  negro  that  he  had  not  accorded  to  him  all  the  privileges  of  his  new  status, 
and  the  consequence  was  that  the  negro  was  discontented,  was  not  so  controllable,  and  was 
disposed  to  wander  off  and  leave  his  work. 

Question.  Owing  to  his  want  of  faith  in  his  employer? 

Answer.  Yes,  sir.  And  then  I  think  there  is  another  cause  which  may,  perhaps,  tend  to 
create  some  discontentedness.  No  man  likes  to  labor  for  a  contingency.  The  negroes  were 
necessarily  compelled  to  do  so,  because  the  farmers  were  poor  and  had  no  money  to  pay 
them.  They  wrere  consequently  employed  upon  the  contingency  of  receiving  a  portion  of 
the  crop ;  that  was  in  the  future,  and  the  negro  could  not  see  it.  That,  combined  with  a  dis 
trust  of  his  employer,  tended  to  make  the  negro  discontented ;  but  in  every  instance  where 
he  has  been  paid  his  wages  at  the  end  of  every  mouth  he  has  been  contented. 

Question.  Are  there  many  negroes  who  own  property,  real  or  personal  T" 

Answer.  There  are  a  great  many ;  I  cannot  say  what  per  centage. 

Question.  Do  any  of  them  own  farms  1 

Answer.  I  think  very  few  of  them  own  farms ;  it  was  not  permitted  much  under  the  old 
system. 

Question.  Are  you  aware  of  any  combination  among  the  white  proprietors  by  which  the 
negroes  are  prevented  from  becoming  the  purchasers  of  land  1 

Answer.  No,  sir. 

Question.  Do  you  know  of  any  combination  in  regard  to  the  employment  and  wages  of 
negroes  1 

Answer.  Not  in  my  district.  I  understood  there  was  in  the  lower  part  of  the  State ;  but, 
being  outside  of  my  district,  it  was  a  matter  about  which  I  did  not  inquire. 

Question.  Will  you  state  any  other  facts  which  occur  to  you  as  being  important  in  this 
connexion  1 

Answer.  I  do  not  know  but  I  have  been  over  the  whole  ground  pretty  nearly. 

Question.  What  military  force  have  you  now  in  Richmond  ? 

Answer.  They  have  just  taken  away  a  part  of  my  force,  and  that  is  one  reason  why  I 


6  .  RECONSTRUCTION. 

desire  to  go  back  immediately.  My  force  now  has  probably  been  reduced  to  about  rive 
hundred  troops. 

Question.  Stationed  in  Richmond? 

Answer.  Yes,  sir.  Just  in  proportion  as  we  have  withdrawn  from  the  control  of  civil 
affairs  have  the  people  expressed  their  discontent  and  contempt  publicly.  It  has  got  so  now 
that  actually  as  disloyal  speeches  are  made,  and  as  disloyal  articles  published  in  the  papers, 
as  ever  there  was  at  any  time;  and  that  is  increasing  just  iu  proportion  as  we  relax  our  con 
trol  and  authority. 

Question.  Do  you  not  perceive  among  the  whites  of  the  section  where  you  are.  a  deep 
sense  of  mortification  and  chagrin  at  the  fact  of  their  having  been  overcome  in  war?  Is  it 
not  a  deep-seated  and  very  bitter  feeling  of  disappointment  ? 

Answer.  Yes,  sir,  undoubtedly. 

Question.  And  of  mortified  pride? 

Answer.  They  have  a  very  deep  feeling  of  disappointment,  a  very  deep  feeling.  But  it 
never  struck  me  that  they  felt  it  as  we  would,  because  they  have  so  often  confessed  to  me 
what  was  unpleasant  for  me  to  hear,  what  I  did  not  wish  to  hear,  and  what  I  tried  to  re 
press  them  from  saying.  They  would  say  to  me,  "Well,  you  have  conquered  us;  we  are 
whipped."  Now,  I'think  if  a  man  of  generous  soul  felt  deq)  mortification  he  would  keep 
quiet  on  the  subject.  I  have  always  thought  that  their  feeling  of  mortification  was  more 
superficial  than  otherwise.  But  I  think  their  disappointment  was  very  great  in  not  attaining 
success.  Their  admissions  six  months  ago  were  much  more  general  and  much  more  candid 
than  they  are  now. 

Question.  Much  more  frank  ? 

Answer.  Yes,  sir.  Immediately  after  the  surrender  of  Lee's  army  at  Appomattox  I  was 
sent  to  Lynchburg  to  take  possession  of  that  city  ;  and  I  came  all  the  way  with  my  troops 
from  there  to  Richmond,  and  I  talked  with  a  great  many  people  in  the  country  and  in  the 
city,  and  it  was  my  conviction  at  that  time  that  the  people  were  disposed  to  accept  the  results 
of  the  war,  but  that  they  were  not  very  clear  as  to  what  those  results  were,  or  all  that  they 
involved.  If  some  of  their  own  people  had  stepped  forward  then  and  told  them  what  they 
would  have  to  do,  they  would  have  yielded  a  ready  acquiescence  to  almost  anything. 

Question.  What  is  your  profession? 

Answer.  I  have  never  had  any  profession  but  that  of  a  soldier. 

Question.  Were  you  educated  at  West  Point? 

Answer.  Yes,  sir. 

Question.  How  long  have  you  been  in  the  service  ? 

Answer.  Ten  years  last  June. 

Question.  What  is  your  age? 

Answer.  I  am  thirty-three  years  of  age. 


WASHINGTON,  January  31,  1S66. 
Judge  John  C.  Underwood  sworn  and  examined : 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  At  Alexandria,  Virginia. 

Question.  Are  you  a  native  of  that  State  ? 

Answer.  I  am  not. 

Question.  How  long  have  you  resided  in  the  State  of  Virginia  ? 

Answer.  About  twenty  years. 

Question.  What  official  position,  if  any,  do  you  now  occupj-  ? 

Answer.  I  am  the  United  States  district  judge  for  Virginia. 

Question.  How  long  have  you  held  that;  office? 

Answer.  About  three  years. 

Question.  During  that  time  in  what  portion  of  Virginia  have  you  resided? 

Answer.  In  Alexandria,  or  near  there. 

Question.  Will  you  state  how  the  war  has  left  matters  in  Virginia? 

Answer.  It  has  left  great  bitterness  of  feeling  between  those  who  are  loyal  and  those  who 
adhered  to  the  confederacy ;  and  I  think  that  bitterness  has  increased  within  the  last  two 
months.  It  certainly  has  in  Alexandria,  and  in  those  parts  of  the  State  with  which  I  am 
most  acquainted. 

Question.  Can  you  state  any  incident  that  has  occurred  within  your  district  as  evidence  of 
disloyal  feeling,  or  of  the  feeling  of  bitterness  to  which  you  have  referred? 

Answer.  I  will  mention  a  fact  that  came  under  my  official  observation  last  week.  A  Mr. 
Minor  F.  Davis  acted  as  a  guide  and  scout  for  the  Union  army  during  a  long  period  of  the 
war,  and  was  and  is  a  thoroughly  loyal  man.  He  was  imprisoned  in  Prince  William  county 
jail,  under  the  charge  of  larceny.  The  sheriff  who  held  him  was  a  rebel,  and  has  been 
recently  elected  sheritf  of  that  county.  Application  was  made  to  me  for  a  writ  of  habeas 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  7 

corpus,  the  affidavit  setting  forth  that  Davis  had  been  imprisoned  for  guiding  some  Union 
forces,  so  that  they  succeeded  in  capturing  a  band  of  guerillas  in  that  county,  some  fifteen 
or  twenty  in  number,  and  from  these  guerillas  their  horses  were  taken.  That  was  the  only 
act  of  which  Davis  was  accused.  The  affidavit  also  averred  that  the  sheriff  who  held  him  in 
custody  was,  at  the  time  Davis  rendered  this  assistance  to  the  Union  forces,  in  open  armed 
hostility  to  the  government ;  that  he  had  since  been  elected  sheriff  of  the  county.  I  issued 
the  writ,  and  Davis  has  been  discharged  from  custody.  About  the  time  my  marshal  got 
there  the  provost  marshal  got  there,  and  I  think  Davis  was  really  discharged  by  the  provost 
marshal. 

I  will  mention  this  fact  also:  under  decrees  of  confiscation  rendered  in  my  court,  sales  of1 
property  have  been  made.  Several  of  the  persons  who  became  purchasers  have  recently 
been  proceeded  against  in  the  State  courts — the  circuit  and  county  courts — by  way  of  eject 
ment,  in  order  to  put  the  old  parties  in  possession  of  the  property  thus  sold.  The  purchasers 
have  been  prosecuted  in  several  instances.  They  are  annoyed  in  that  way,  and  in  one  or 
two  instances  they  have  actually  been  ejected  by  the  local  authority  from  their  purchases. 

Question.  During  the  lifetime  of  the  original  owner  ? 

Answer.  Yes,  sir. 

Question.  That  is,  the  judgments  of  the  State  courts  have  overruled  the  judgments  of  your 
court  under  the  confiscation  act  of  Congress  ? 

Answer.  I  think  it  has  been  done  generally  by  some  evasion.  I  do  not  think  they  have 
done  it  in  direct  terms.  There  are  a  number  of  prosecutions  of  that  kind  now  pending,  and 
one  or  two  I  understand  have  been  decided.  But  I  do  not  know  the  precise  grounds  on 
which  the  decisions  have  been  rendered. 

Question.  Do  you  find  it  practicable  to  get  a  jury  of  loyal  men  in  your  court? 

Answer.  Not  unless  it  is  what  might  be  called  a  packed  jury.  I  do  not  believe,  from  what 
I  have  seen,  that  a  Union  man  could  expect  to  obtain  justice  in  the  courts  of  the  State  at 
this  time  ;  certainly  not  if  his  opponent  was  a  rebel.  The  bitterness  of  feeling  is  very  great, 
and  I  think  the  jury  would  be  at  least  nine-tenths  rebel,  and  the  influence  of  the  court  would 
be  the  same. 

Question.  Do  you  think  it  practicable  to  call  a  jury  in  Virginia  that  would  convict  a  man 
of  treason  ? 

Answer.  It  would  be  perfectly  idle  to  think  of  such  a  thing.  They  boast  of  their  treason, 
and  ten  or  eleven  out  of  the  twelve  on  any  jury,  I  think,  would  say  that  Lee  was  almost 
equal  to  Washington,  and  was  the  noblest  man  in  the  State,  and  they  regard  every  man  who 
has  committed  treason  with  more  favor  than  any  man  in  the  State  who  has  remained  loyal 
to  the  government. 

Question.  Do  you  refer  to  the  whole  State  ? 

Answer.  Yes,  sir. 

Question.  Would  those  prejudices  against  a  Union  man,  and  particularly  a  northern  man, 
operate  so  far  with  a  Virginia  jury  as  to  lead  them  to  deny  him  ordinary  justice  in  a  matter  of 
private  right  ? 

Answer.  I  think  they  might.  I  will  mention  this  fact :  there  was  a  native  of  Virginia  who 
was  a  paymaster  in  our  army.  In  I860  he  was  the  only  man  in  his  county  who  voted  for 
Mr.  Lincoln.  When  he  left  the  service  he  settled  his  accounts  in  a  most  satisfactory  manner. 
In  November  last  he  was  shot  down  and  killed  by  a  returned  rebel  surgeon  in  the  streets  of 
Alexandria.  Believing  that  it  would  be  utterly  impossible  to  prosecute  him  successfully  in 
the  State  courts,  I  applied  to  General  Augur  to  take  cognizance  of  the  case,  and  bring  the 
offender  to  trial.  But  the  general  told  me  that  the  State  having  been  so  recently  turned 
over  to  the  civil  authorities  he  did  not  feel  that  it  would  be  proper  tor  him  to  take  cognizance 
of  the  case ;  and  the  murderer  of  Major  Dixon  has  not  yet  been  punished,  but  is  still  at 
large. 

On  Christmas  day  there  was  a  riot  in  Alexandria,  in  which  one  negro  was  killed,  and  a 
number  of  others  were  seriously  wounded.  ]n  that  case  General  Augur  thought  it  proper  to 
institute  a  trial  of  the  offenders  by  military  commission,  and  they  are  now  undergoing  U'ial. 

I  mention  these  facts  to  show,  what,  in  my  judgment,  is  the  truth  of  the  matter,  that  the 
condition  of  the  loyal  white  man  in  Virginia  at  this  time  is  worse  even  than  the  condition  of 
the  colored  man,  inasmuch  as  the  colored  man  is  protected  by  military  authority,  while  the 
white  man  is  not.  Therefore  the  condition  of  the  colored  man  is  much  more  endurable  than 
that  of  the  loyal  white  man. 

Question.  What  is  the  feeling  among  the  people  of  Virginia  toward  the  freedmen  ?  State 
any  example  that  may  occur  to  your  mind  to  illustrate  that  feeling. 

Answer.  I  think  the  feeling  was  well  expressed  by  one  of  the  most  intelligent,  and,  I  may 
say,  one  of  the  most  candid  rebel  gentlemen  of  Alexandria.  We  were  engaged ^  in  friendly 
conversation  in  my  office  one  day,  in  the  course  of  which  conversation  he  remarked,  "  Sooner 
than  see  the  colored  people  raised  to  a  legal  and  political  equality,  the  southern  people 
would  prefer  their  total  annihilation."  I  had  regarded  him  as  well  informed,  and  almost  as 
candid  a  man  as  we  have  among  the  rebels. 

Question.  Have  you  heard  similar  expressions  from  white  persons  of  lower  condition  ? 

Answer.  Soon  after  the  Christmas  riot  in  Alexandria,  one  'man  remarked  to  me  that  he 
"would  kill  a  nigger  as  soon  as  he  could  see  him."  I  think  the  first  man  expressed  the 


8  RECONSTRUCTION. 

sentiment  of  the  educated ;  the  last  expressed  the  sentiment  of  the  vulgar  and  uneducated,  espe 
cially  of  the  returned  rebel  soldiers. 

Question.  Have  you  any  reason  to  suppose  that  there  has  been  and  still  is  any  concert  or 
conspiracy  among  the  freedmen  to  produce  disturbances  in  the  State  of  Virginia,  to  seize  the 
lands  of'their  masters,  or  do  any  other  illegal  act  to  the  prejudice  of  society  or  of  individuals  ? 

Answer.  I  am  confident  there  is  no  such  design.  I  certainly  know  the  sentiment  of  the 
leading  colored  men  there.  I  am  president  of  the  Freedmen's  Relief  Association  of  Alexan 
dria,  and  I  have  had  intercourse  with  the  leading  colored  men  upon  various  subjects,  churches, 
schools,  &c.,  and  I  have  contributed  as  liberally  as  I  could  to  the  building  of  school-houses 
and  churches  for  the  colored  people,  and  I  think  I  have  their  confidence. 

Question.  Have  you  any  ground  to  suppose  that  any  such  concert  or  conspiracy  exists  or 
has  existed  ? 

Answer.  I  am  satisfied  no  such  conspiracy  has  ever  existed  ;  on  the  contrary,  I  have  found 
those  people  very  peaceful  and  law-abiding. 

Question.  Do  you  suppose  this  disposition  on  the  part  of  the  whites  pervades  the  State 
of  Virginia  generally  ? 

Answer.  I  think  it  does.  And  I  think  the  principal  reason  for  it  is  the  assistance  the  ne 
groes  rendered  the  Union  cause  during  the  rebellion.  When  I  was  holding  court  at  Rich 
mond  recently,  I  had  a  conversation  with  one  of  the  leading  men  in  that  city,  and  he  said  to 
me  that  the  enlistment  of  negro  troops  by  the  United  States  was  the  turning-point  of  the 
rebellion ;  that  it  was  the  heaviest  blow  they  ever  received.  He  remarked  that  when  the 
negroes  deserted  their  masters,  and  showed  a  general  disposition  to  do  so  and  join  the  forces 
of  the  United  States,  intelligent  men  everywhere  saw  that  the  matter  was  ended.  I  have 
often  heard  a  similar  expression  of  opinion  from  others,  and  I  am  satisfied  that  the  origin  of 
this  bitterness  towards  the  negro  is  this  belief  among  leading  men  that  their  weight  thrown 
into  the  scale  decided  the  contest  against  them.  However  the  fact  may  be,  I  think  that  such 
is  a  pretty  well  settled  conclusion  among  leading  rebels  in  Virginia. 

Question.  Have  you  any  knowledge  of,  or  any  reason  to  suspect  the  existence  of,  a  con 
spiracy  or  plan  in  Virginia  or  elsewhere  in  the  rebel  States  to  reopen  the  war  or  to  set  up 
another  rebellion  ? 

Answer.  I  have  not.  On  the  contrary,  although  they  are  now  quite  as  rebellious  in  spirit 
as  they  have  been  at  any  time,  I  believe  their  present  design  is  to  attempt  to  accomplish 
their  purpose  through  the  ballot-box. 

Question.  What  is  then-  scheme  ?     What  is  their  idea  ? 

Answer.  I  think  I  understand  their  scheme.  I  think  it  is  their  expectation  that  there  will 
be  some  split  in  the  Union  party,  which  will  enable  them,  in  concert  with  the  democratic 
party  of  the  north,  to  succeed  by  voting  better  than  by  fighting. 

Question.  Let  me  put  a  hypothetical  case  to  you.  Suppose  that  by  means  of  a  combina 
tion  with  the  so-called  democratic  party,  alias  copperhead  party,  alias  conservative  party, 
they  should  again  obtain  political  power  in  Congress,  and  in  the  executive  department ; 
suppose  this  to  be  the  result  of  a  combination  between  the  ex-rebel  party  in  the  south  and 
this  so-called  democratic  party  in  the  north ;  what  would  be  the  effect  of  that  ascendency 
upon  the  rebel  States  1  What  measures  would  they  resort  to  ? 

Answer.  They  would  attempt  either  to  accomplish  a  repudiation  of  the  national  debt,  or 
an  acknowledgment  of  the  confederate  debt,  and  compensation  for  their  negroes.  I  think 
these  would  be  their  leading  measures,  their  leading  demands  ;  and  I  think  if  either  the  rebel 
debt  could  be  placed  upon  an  equality  with  the  national  debt,  or  both  could  be  alike  repu 
diated,  they  would  be  satisfied.  But  the  leading  spirits  would  claim  compensation  for  their 
negroes,  and  would  expect  to  get  it  by  such  a  combination. 

Question.  Suppose  they  should  not  succeed  in  their  scheme  of  repudiating  the  national  debt, 
or  in  their  other  scheme  of  the  assumption  of  the  rebel  debt ;  what  would  they  finally  do,  pro 
vided  they  had  the  power  ? 

Answer.  If  they  had  the  power  they  would  undoubtedly  again  go  out  of  the  Union,  because 
being  aristocratic  and  not  republican  in  their  tastes  and  feelings,  they  would  greatly  prefer 
some  other  form  of  government.  I  have  for  twenty  years  past  known  that  that  was  the 
feeling  among  the  leading  men.  I  think  they  always  would  have  preferred  an  aristocratic 
government  to  any  other. 

Question.  What  degree  of  cordiality  exists  generally  among  the  people  of  Virginia  towards 
northern  men  and  loyal  people  ? 

Answer.  There  seems  to  be  an  almost  total  separation,  socially,  politically,  religiously, 
and  educationally.  For  instance,  we  have  five  Union  churches  and  five  churches  which  are 
recognized  as  rebel  churches  in  the  city  of  Alexandria — all  white  churches ;  and  then  we 
have  six  colored  churches  there,  that  are  intensely  loyal ;  and  there  is  hardly  ever  an  instance 
where  a  man  of  one  political  feeling  goes  to  a  church  of  a  different  political  belief.  I  do  not 
know  of  half  a  dozen  instances  in  Alexandria. 

Question.  How  are  weB-bred  northern  men  treated  by  the  rebels  when  they  visit  Alexan 
dria  or  other  parts  of  Virginia  7 

Answer.  I  do  not  know  that  they  are  treated  at  all ;  they  are  simply  let  alone,  according  to 
my  impression.  I  do  not  think  they  are  treated  offensively.  The  Union  element  is  very  con 
siderable  in  Alexandria — enough  so  to  be  respected. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  9 

i 

Question.  There  is  no  disposition  to  form  social  alliances  or  acquaintance  with  them  on 
the  part  of  the  rebels  ? 

Answer.  The  separation  is  very  pronounced  indeed. 

Question.  They  are  rather  disposed  to  be  a  separate  people  ? 

Answer.  It  would  seein  so,  at  all  events.  Past  recollections  seem  to  be  very  controlling  in 
their  social  relations. 

Question.  What,  in  your  judgment,  has  been  the  effect  of  the  liberality  exercised  by  the 
President  of  the  United  States  in  granting  pardons  and  amnesties  to  the  rebels  of  Virginia  1 

Answer.  Well,  to  say  the  least,  they  have  in  most  instances  been  ungrateful. 

Question.  Has  that  liberality  and  kindness  of  the  President  rather  increased  than  dimin 
ished  the  respect  and  regard  of  the  rebel  community  for  the  government  of  the  United  States  ? 

Answer.  I  think  it  has  encouraged  their  hopes  of  ultimate  success  in  obtaining  power  in 
this  government,  and  that  or  some  other  cause  has  increased  their  vindictiveiiess  towards 
Union  men,  and  their  ill  treatment  of  them.  I  think  that  has  been  the  cause. 

Question.  Do  you  think  that  has  been  one  of  the  causes  of  the  increased  malignity  of  the 
rebels  towards  Union  men? 

Answer.  I  think  it  has  been. 

The  examination  of  the  witness  was  here  suspended  ;  but  subsequently  resumed  on  the 
same  day,  and  concluded  as  follows  : 

By  Mr.  HOWARD  : 

Question.  State  whether  you  are  a  member  elect  of  the  Senate  of  the  United  States  ? 

Answer.  I  have  been  elected  by  the  legislature  of  Virginia  to  the  long  term  in  the  Senate. 

Question.  When  were  you  elected  ? 

Answer.  I  was  elected  about  a  year  ago  to  fill  the  vacancy  about  to  occur  in  the  Senate  by 
the  retirement  of  Mr.  Carlile,  for  six  years. 

Question.  State  what  is  your  own  feeling  in  regard  to  the  readrnission  of  the  rebel  States 
into  the  Union  ;  I  wish  you  to  make  a  clean  breast  of  it. 

Answer.  Of  course  I  have  a  strong  personal  interest  in  the  admission,  at  least,  of  members 
of  Congress  elect ;  but  that  is  entirely  overpowered  by  the  conviction  that  the  immediate  ad 
mission  of  the  southern  States  would  produce  unpleasant  consequences.  I  fear  that  it  would 
be  fatal  to  the  peace  of  the  country. 

Question.  What  is  the  general  feeling  among  the  Virginians  in  regard  to  negro  suffrage  in 
that  State  ? 

Answer.  I  think  the  loyal  men,  who  I  suppose  do  not  amount  to  anything  like  one-fourth 
of  the  white  people,  are  in  favor  of  it.  The  loyal  men  are,  so  far  as  I  know,  almost  invaria 
bly  in  favor  of  equal  suffrage. 

Question.  Would  they  limit  the  right  of  suffrage  by  any  qualification  ? 

Answer.  I  think  there  is  some  difference  of  opinion  on  that  subject  among  the  loyalists. 
Some  would  prefer  to  see  it  limited,  either  by  educational  or  property  qualifications,  or  by 
service  in  the  army  of  the  United  States  ;  I  have  heard  that  opinion  expressed  frequently. 

Question.  Would  they  generally  prescribe  a  property  qualification  ? 

Answer.  I  think  that  is  not  so  generally  favored  as  either  of  the  others — either  education 
or  military  service.  But  I  have  heard  some  say  that  they  would  like  a  property  qualification; 
that,  however,  they  would  like  to  see  applied  as  -s\ell  to  whites  as  to  blacks.  At  present  we 
have  no  property  qualification. 

Question.  The  mode  of  voting  in  Virginia— has  it  not  been,  under  her  law,  for  ages,  twa 
voce! 

Answer.  It  has  been. 

Question.  Not  by  ballot  ? 

Answer.  No,  sir. 

Question.  How  do  the  rebels  feel  in  regard  to  negroes  voting — I  mean  those  who  have  been 
rebels  ? 

Answer.  Well,  sir,  I  think  they  are  nearly  unanimous  in  their  opposition  to  it. 

Question.  In  case  the  right  of  suffrage  should  be  given  to  the  negroes  there,  is  it  likely 
that  there  will  be  outrages  and  disturbances  of  the  public  peace,  scenes  of  violence  and  riot  ? 

Answer.  I  think  that  some  bad  men  might  perhaps  assault  negroes  when  they  come  to  the 
polls  ;  I  think  it  probable  that  there  would  be  instances  of  that  kind,  but  I  do  not  apprehend 
anything  very  serious. 

Question.  Would  the  rebels  themselves,  if  in  authority  as  municipal  officers,  preserve  the 
peace  with  alacrity  and  defend  the  negro  1 

Answer.  Well,  sir,  prejudice  is  strong  against  the  negro,  because  they  regard  him  as  hav 
ing  turned  the  scale  against  them ;  I  think  that  is  a  very  prevailing  notion  now,  that  the 
negro  turned  the  scale  against  the  rebels.  His  adherence  to  the  Union  cause,  and  his  deser 
tion  of  the  master,  naturally  produce  an  unkind  feeling  against  him.  That  feeling  is  not  uni 
versal.  I  must  do  some  of  my  rebel  acquaintances  the  justice  to  say  that  they  consider  that 
the  negro  was  justified  in  the  course  he  took  ;  that  it  was  human  nature  to  strike  for  freedom. 

Question.  In  case  of  hostilities  between  the  United  States  and  one  of  the  first-rate  Euro 
pean  powers,  is  it  your  opinion  that  the  masses  of  the  people  of  Virginia  would  stand  firmly 


1 0  RECONSTRUCTION. 

by  the  government  of  the  United  States  and  defend  it  against  foreign  invaders  and  foreign 
hostilities  ? 

Answer.  I  think  their  hostility  to  the  conquerors,  as  they  call  them,  the  Yankees — which 
means  everybody  from  the  north — is  greater  than  it  is  to  almost  any  foreign  power,  and  they 
would  prefer  to  be  associated  with  any  respectable  European  power,  rather  than  have  their 
present  compulsory  association  with  their  conquerors. 

Question.  I  infer  from  your  answer  that  there  would  be  danger  of  their  adhering  to  the 
enemies  of  the  country  ? 

Answer.  I  fear  there  would  be  danger  of  that  if  they  felt  it  would  be  safe. 

Question.  If  they  thought  that  it  would  give  them  an  occasion  to  escape  from  the  govern 
ment  of  the  United  States,  would  they  or  not  avail  themselves  of  it  1 

Answer.  I  think  most  of  them  would  ;  I  think  their  tastes  and  habits  and  feelings  are  all 
aristocratic,  and  that  they  would  prefer  an  aristocracy,  or  even  a  monarchy,  to  a  republican 
government.  I  speak  of  the  leaders — those  who  took  the  States  as  they  say,  out  of  the  Union* 

Question.  During  the  civil  war  has  there  been  any  considerable  feeling  among  the  Virgin 
ians  in  favor  of  establishing  a  monarchy  in  the  confederacy  ? 

Answer.  I  of  course  had  no  association  writh  the  leaders  during  the  rebellion ;  we  were 
separated  by  two  lines  of  bayonets,  and  I  could  not  speak  as  to  that. 

Question.  Speak  according  to  the  best  information  you  have  derived  at  that  time  or  since. 

Answer.  I  know  that  many  of  them  would  prefer  what  they  would  call  a  strong  govern 
ment — an  aristocracy,  a  government  of  the  wisest,  of  the  property-holders,  of  the  intelligent, 
as  they  would  say — to  a  government  of  the  rabble  of  the  people.  I  know  that  that  is  a  very 
prevailing  opinion ;  I  have  conversed  with  leading  men  on  the  subject. 

Question.  What  is  the  standing  at  present  among  Virginians  of  Jefferson  Davis,  in  point 
of  popularity  ? 

Answrer.  He  is  not  as  popular  a  man  as  General  Lee  by  any  means.  He  is  regarded  as 
their  representative  man,  but  I  know  that  he  is  not  really  as  highly  esteemed  as  some  others 
at  the  south.  There  are  those  who  are  strongly  opposed  to  him  at  Richmond  ;  some  of  tlie 
newspapers  there  were  very  hostile,  particularly  the  Richmond  Examiner. 

Question.  What  are  some  of  the  principal  defects  in  his  administrative  career  ? 

Answer.  I  think  they  have  complained  of  his  want  of  firmness,  as  they  called  it,  and  his 
leniency  towards  prisoners,  more  than  anything  else.  I  have  heard  that  spoken  of ;  I  have 
heard  them  accuse  him  of  selfishness ;  and  a  variety  of  defects  are  alleged  against  him  by 
his  opponents.  He  certainly  is  not  as  popular  as  General  Lee. 

Question.  Could  either  be  convicted  of  treason  in  Virginia? 

Answer.  Oh,  no  ;  unless  you  had  a  packed  jury. 

Question.  Could  you  manage  to  pack  a  jury  there  ? 

Answer.  I  think  it  would  be  very  difficult,  but  it  could  be  done  ;  I  could  pack  a  jury  to 
convict  him ;  I  know  very  earnest,  ardent  Union  men  in  Virginia. 

Question.  Do  you  think  of  any  other  matters  that  you  deem  it  necessary  to  mention  on 
this  examination  ? 

Answer.  I  do  not  know  that  I  do.  I  know  a  man  named  Joseph  Stiles  who  acted  as  a 
scout  in  Virginia,  and  who  has  since  been  indicted  for  assisting  the  forces  of  the  United  States 
in  taking  horses  belonging  to  guerillas.  That  is  treated  as  horse-stealing  in  the  State  courts 
of  Virginia. 


WASHINGTON,  January  31,  1866. 
Lewis  MoKenzie  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  You  reside  in  Alexandria  ? 

Answer.  Yes,  sir ;  I  was  born  there,  and  have  always  lived  there. 

Question.  What  is  your  occupation  ? 

Answer.  I  am  a  merchant,  and  I  was  a  representative  in  the  general  assembly  of  Virginia 
for  three  sessions.  I  was  in  the  assembly  that  called  the  convention  of  1861.  I  have  been 
elected  to  Congress  twice;  but  they  never  gave  me  a  seat. 

Question.  You  were  not  a  member  of  the  insurgent  legislature  of  Virginia  ? 

Answer.  I  was  a  member  of  the  legislature  that  called  the  convention  of  1861. 

Question.  That  was  a  loyal  legislature  ? 

Answer.  A  majority  of  the  body  were  not  loyal. 

Question.  Have  you  served  in  any  legislatures  of  Virginia  since  1861? 

AnsAver.  Oh,  no,  sir;  I  left  the  general  assembly  on  the  4th  of  April,  1861.  We  ad 
journed  that  day  sine  die.  , 

Question.  How  extensive  is  your  acquaintance  throughout  the  commonwealth  of  old  Vir 
ginia? 

Answer.  I  am  pretty  well  acquainted  throughout  the  commonwealth.  I  am  president  of 
the  London  and  Hampshire  railroad,  and  if  abuse  of  me  in  the  disloyal  papers  is  evidence 
of  acquaintance  with  the  people,  there  can  be  very  little  doubt  of  it. 


VIEGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  11 

Question.  In  general  terms,  \vhat  is  the  state  of  feeling  among  the  rebel  people  of  Vir 
ginia  towards  the  government  of  the  United  States  ? 

Answer.  I  will  tell  you.  President  Lincoln  sent  me  a  pass  to  go  to  Richmond  two  or 
three  days  before  his  unfortunate  murder.  I  went  down  to  Richmond,  and  was  in  Richmond 
when  the  news  of  the  massacre  came.  I  thought  the  temper  of  the  people  was  really  hum 
ble.  They  seemed  to  be  humble  and  rather  kindly  disposed,  and  when  the  news  came  of 
the  death  of  Mr.  Lincoln  it  created  a  very  great  sympathy.  Although  they  were  whipped, 
still  they  were  trembling  in  their  shoes  from  an  apprehension  that  Mr.  Johnson,  whom  they 
despised  as  a  southern  Union  man,  would  execute  his  purpose,  so  often  indicated  before, 
during,  and  since  the  wrar,  in  reference  to  the  punishment  due  to  traitors.  I  thought  that 
the  people  were  getting  kindly  disposed  towards  the  government,  and  had  made  up  their 
minds  that  Mr.  Lincoln  was  a  much  better  man,  more  kindly  disposed  towards  them  than 
they  ought  to  have  expected  under  the  circumstances,  and  were  satisfied  that  their  State  gov 
ernment  would  be  restored ;  still  I  know  there  was  a  great  deal  of  bitterness  towards  the 
government  of  the  United  States.  /I  stayed  there  a  week,  (this  was  in  April,  1865.)  I  was 
anxious  for  Governor  Peirpoint's  government  to  be  sustained,  and  I  did  all  I  could  to  open 
the  door  for  him.  I  went  down  partly  for  that  purpose.  I  found  a  very  great  unwillingness 
on  the  part  of  the  people  ;  but  still,  before  I  left,  they  found  there  was  no  hope  of  anything 
else,  and  they  finally  concluded  that  it  would  be  better  for  Peirpoint  to  come  there.  He  did 
not  come  for  some  time  after  ;  he  stayed  in  Alexandria  waiting  for  movements  on  the  part  of 
the  President  and  others.  I  went  to  Richmond  shortly  after  Governor  Peirpoint,  and  I  found 
the  former  enemies  of  the  government  coming  in  crowds  to  the  governor  to  advise  him  that, 
under  the  Alexandria  constitution,  it  would  be  impossible  to  organize  a  legislature.  They 
were  anxious  for  rapid  reconstruction,  and  for  the  removal  of  the  test  oath  and  other  restric 
tions  upon  the  eligibility  to  office  contained  in  the  Alexandria  constitution,  which  were  great 
stumbling-blocks  to  the  former  enemies  of  the  government ;  and  I  thought  the  best  thing  he 
could  do  was  to  call  the  legislature  together  if  he  could  only  get  ten  loyal  men,  and  if  he 
could  get  even  one  or  two  or  three  more  every  year,  so  as  to  organize  a  State  government, 
but  at  any  rate  that  it  should  be  organized  upon  a  Union  basis.  After  leaving  Richmond  I 
heard,  when  going  down  the  James  river,  that  Governor  Peirpoint  had  called  the  members 
of  the  general  assembly  together,  and  when  I  got  to  Alexandria  I  found  the  call  in  the  hands 
of  some  of  the  people.  It  struck  me  with  great  surprise.  When  that  legislature  went  to 
Richmond  they  altered  the  constitutional  provisions  in  such  a  manner  that  I  found  that  the 
loyal  men  of  the  State  were  to  be  totally  sacrificed  and  turned  over  to  the  power  of  the  se 
cessionists.  Still  I  had  some  hope  that  the  people  would  be  favorably  inclined  towards  the 
government,  and  that  the  kindness  shown  to  them  by  the  Executive  would  probably  have  a 
good  effect.  A  great  many  people  called  upon  me  to  recommend  their  pardons,  and  I,  hav 
ing  been  somewhat  of  a  prominent  man  in  that  part  of  the  State,  recommended  a  great  many 
for  pardon,  and  the  pardons  were  obtained ;  but  I  am  sorry  to  say,  from  my  experience  of 
things,  that  this  policy  has  not  had  a  good  effect.  I  am  satisfied  that  the  indiscriminate 
pardoning  system  adopted  by  the  President  has  produced  a  very  bad  effect,  and  that  the 
State  of  Virginia  is  in  a  worse  condition  now  than  it  was  last  April.  That  has  grown  out  of 
two  facts  which  were  the  cause  of  all  our  troubles  during  the  war.  One  is  this  :  start  from 
Alexandria  or  Washington  or  Baltimore,  and  go  down  the  bay,  and  through  the  south,  and 
you  find  the  New  York  Daily  News  and  the  Baltimore  Daily  Gazette — rabid  secession  pa 
pers — in  circulation  at  every  point,  and  all  over  the  State.  There  is  scarcely  a  secessionist 
in.  Alexandria  or  along  the  line  down  to  Tennessee  who  does  not  have  these  papers.  Then 
we  have  the  disloyal  sheets  of  Virginia ;  and  the  minds  of  the  people  are  poisoned  and  dis 
affected  in  that  way.  It  was  so  during  the  war,  and  it  is  still  kept  up.  In  Alexandria  one 
of  the  newspaper  sellers  tells  me  that  he  sells  ten  copies  of  the  Tribune,  five  copies  of  the 
Times,  one  hundred  and  fifty  copies  of  the  Herald,  and  two  hundred  and  fifty  copies  of  the 
News,  and  the  numbers  run  all  along  in  that  way. 

Question.  These  two  papers,  the  New  York  News  and  Baltimore  Daily  Gazette,  are  under 
stood  to  be  what  kind  of  papers  ? 

Answer.  The  meanest,  awfulest  secession  papers,  unfriendly  to  the  government,  and  the 
people  are  constantly  plied  with  that  kind  of  fuel.  It  seems  to  me  that  there  are  twice  as 
many  papers  in  the  State  since  the  war  as  there  were  before;  so  that  under  such  influences  I 
do  not  wonder  that  the  people  are  unfriendly  to  the  government.  Then  they  have  been 
spoiled  and  ruined  also  by  the  policy  of  the  President  of  the  United  States. 

Question.  What,  in  your  judgment,  has  been  the  effect  of  the  so-called  liberal  policy  of  the 
President  of  the  United  States  in  extending  pardons  and  amnesty  to  rebels  1 

Answer.  Decidedly  unfavorable. 

Question.  Unfavorable  to  what  ? 

Answer.  Unfavorable  to  the  cause  of  the  Union  and  to  the  restoration  of  the  Union  senti 
ment  in  the  State.  I  hav^  no  doubt  about  it.  I  am  sorry  to  say  ,it,  because  these  people 
were  friends  of  mine. 

Question.  What  opinion  or  feeling  does  that  liberality  seem  to  create  among  the  people 
there? 

Answer.  A  feeling  of  contempt.  It  grows  out  of  the  fact  that  these  people  have  been 
treated  better  than  they  expected ;  that  has  had  its  effect.  Then  they  are  constantly  influ- 


12  RECONSTRUCTION. 

enced  by  the  hope  that  their  disloyal  members  will  get  into  Congress,  and  they  expect  to 
form  a  coalition  with  the  northern  democrats  and  copperheads. 

Question.  Suppose  they  get  the  ascendency ;  what  will  they  do  ? 

Answer.  They  will  repudiate  the  public  debt ;  that  is  what  they  will  do ;  that  is  what  they 
want  to  do.  In  Georgia,  South  Carolina,  and  North  Carolina,  when  the  people  sell  their 
cotton  for  greenbacks,  they  go  right  to  the  broker's  office  and  buy  gold  for  the  greenbacks, 
paying  four  per  cent,  more  than  gold  is  worth  in  the  New  York  market ;  they  do  this  because 
they  have  no  confidence  in  the  United  States  government ;  they  say  it  will  be  the  same  again 
as  it  has  been,  and  after  they  will  have  saved  two  or  three  cotton  crops  you  will  find  that 
two-thirds  of  the  specie  of  the  country  will  be  in  the  cotton  States.  My  own  opinion  is  that 
they  are  waiting  and  hoping  for  a  restoration  of  the  Bourbons  in  1863. 

Question.  By  the  Bourbons  you  mean  the  copperhead  party  ? 

Answer.  Yes,  sir ;  I  mean  the  copperhead  party  of  the  north  and  the  secession  party  of  the 
south,  who  are  brethren ;  of  course  they  always  were  brethren ;  I  have  a  perfect  horror  of 
them  myself;  but  I  would  not  do  any  injustice  to  the  people  ;  still,  that  is  God's  truth. 

Question.  Suppose  they  succeed  in  reaching  that  point  of  ascendency  in  the  government  of 
the  United  States ;  what  do  those  men  in  Virginia  propose  to  do  now — go  out  of  the  Union,  or 
to  have  another  civil  war  ? 

Answer.  No,  sir. 

Question.  What  are  they  going  to  do  ? 

Answer.  They  expect  to  take  possession  of  the  government  of  the  United  States.  Let 
them  have  a  majority  to-day  and  they  will  soon  let  you  see  what  they  will  do.  They  will 
join  with  Fernando  Wood  and  those  gentlemen  of  the  north,  and  will  form  a  party  to  repudiate 
the  national  debt ;  they  will  not  pay  the  interest  on  the  public  debt ;  and  suppose  there 
should  be  a  war  bctwee'n  the  United  States  and  Mexico,  you  would  get  but  few  men  to  assist 
you  from  Virginia  to  the  Texas  line. 

Question.  You  are  speaking  now  from  your  own  observation  ? 

Answer.  From  what  I  see  going  on  now ;  and  what  you  see  in  Virginia  is  pretty  much  the 
same  everywhere  else.  You  might  meet  occasionally  a  gentleman  who  feels  kindly  disposed 
towards  the  government,  but  there  are  very  few  Union  men  in  the  south. 

Question.  In  your  opinion  what  proportion  of  truly  loyal  men  are  there  in  Virginia  ? 

Answer.  The  district  where  I  was  a  candidate  runs  from  Frederick  down  to  Prince  William, 
and  embraces  the  counties  of  Frederick,  Warren,  Shenandoah,  Fauquier,  Alexandria,  Fairfax, 
Prince  William,  &c.,  I  think  eleven  counties  in  all.  I  had  supposed  from  the  kindness  I 
had  exhibited  to  that  people  all  along  that  they  would  have  given  me  a  tolerably  decent  vote. 
I  was  born  in  the  State  and  have  always  lived  in  the  State.  I  used  to  beat  everybody  in 
my  district  for  the  legislature ;  and  before  the  war,  I  was  a  tolerably  popular  fellow,  because 
I  was  an  industrious  man  and  worked  pretty  hard.  I  got  about  1,900  votes  in  the  district, 
and  I  was  beaten  about  3,000  by  a  secessionist.  The  county  of  Frederick  did  very  well, 
giving  me,  perhaps,  600  votes.  I  got  a  tolerably  decent  vote  in  Loudon  county,  400  perhaps, 
and  about  400  in  Alexandria.  I  think  that  in  the  county  of  Fauquier,  Billy  Smith's  counfy, 
I  got  only  nineteen  votes ;  that  is  the  South  Carolina  of  Virginia.  These  people  would  not 
vote  for  me  because  I  was  a  Union  man ;  of  course  they  would  not ;  they  told  me  openly  at 
the  polls  that  they  did  not  intend  to  vote  for  anybody  who  was  a  Union  man.  There  are 
some  very  good  Union  men  in  the  State,  but  they  were  to  be  found  among  the  masses  of  the  peo 
ple  chiefly ;  mostly  hard-working  Union  men ;  for  instance,  in  the  town  of  Winchester  there  are 
very  respectable,  sensible,  hard-working  men,  who  are  Union  men,  and  you  will  find  that  pretty 
much  all  the  Union  men  are  of  the  middle  class  of  people ;  but  there  is  no  hope  in  the  Union 
men  of  Virginia.  I  had  hoped  myself  that  the  rebels  would  have  left  the  State,  would  have 
gone  to  Minnesota,  Iowa,  Illinois,  or  to  Mexico,  and  that  their  places  would  be  supplied  with 
honest,  industrious  northern  settlers  ;  but  the  rebels  are  coming  right  back,  and  I  do  not  see  any 
hope  in  the  world  for  the  Union  men  without  the  immediate  aid  of  Congress  or  the  President. 
I  do  not  know  what  is  to  become  of  them.  We  had  a  meeting  at  Alexandria  the  night  before 
last,  and  we  are  going  to  memorialize  Congress  to  put  Virginia  in  a  territorial  condition.  I 
do  not  know  whether  Congress  will  have  the  power  to  do  that,  and  I  suppose  the  President 
will  be  opposed  to  it.  The  proposition  is  pretty  radical,  but  the  evil  reqtiires  a  radical  cure. 
The  difficulty  about  the  provisional  government  is  simply  this  :  We  have  had  experience  of 
it  in  Governor  Peirpoint ;  that  gentleman  did  as  well  as  he  could  under  the  circumstances. 
If  you  put  a  provisional  governor  there,  the  same  people  who  control  Governor  Peirpoint  will 
have  the  control.  You  have  got  to  commence  at  the  foundation  and  build  up.  This  is  my 
opinion  about  it ;  it  is  the  unanimous  opinion  of  pretty  much  all  the  Union  men  of  Alexan 
dria,  and  it  is  going  to  be  the  opinion  ot  the  Union  men  throughout  Virginia. 

Question.  How  do  the  rebels  in  the  neighborhood  feel  towards  the  freedmcn  ? 

Answer.  The  Union  whites  treat  them  remarkably  well ;  they  are  paying  them  fair  wages. 
In  I860  and  1861 1  was  a  large  merchant  in  Alexandria,  shipping  a  very  large  amount  of  goods, 
and  I  have  had  to  do  with  negroes  all  my  life.  The  price  of  labor  in  Virginia  then  for  field- 
hands  was  $1^0  to  $130  a  year,  and  $70  a  year  for  a  woman.  In  addition  to  that  the  master, 
who  hired  them,  furnished  them  with  clothes,  provisions,  house,  and  fuel,  and  at  Christmas 
the  bond  was  paid  for  his  wages.  That  was  after  the  price  of  cotton  had  advanced,  and 
when  the  negroes  had  advanced  in  South  Carolina  to  $1,000  and  $1,500.  Now,  at  the  close 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  13 

of  the  war,  employers  are  only  -willing  to  pay  these  people  from  six  to  seven  or  eight  dollars  a 
month,  or  a  hundred  dollars  a  year,  out  of  which  these  laboring  people  have  to  buy  their 
clothes  and  pay  their  doctors'  bills,  while  the  price  of  clothing  is  double  what  it  was  in  I860. 
I  employed,  three  months  ago,  from  eighty  to  a  hundred  of  these  freedmeu  to  work  on  land 
I  have  got  this  side  of  Drainesville.  They  came  in  at  Christmas,  when  I  paid  them  their 
wages.  I  give  them  seventy-five  cents  a  cord  for  cutting  pine  wood,  and  supply  them  with 
a  month's  provisions  in  advance.  They  all  work  cheerfully  and  pleasantly.  They  went 
back  after  Christmas,  and  have  remained  there  ever  since.  There  is  no  difficulty  about  the 
freedmen  working,  but  they  work  better  for  gentlemen  who  treat  them  kindly  than  they  work 
for  rough  people.  If  you  pay  them  and  treat  them  kindly  there  is  no  difficulty  about  the  ne 
gro  working.  The  only  difficulty  about  it  is  with  overseers  who  become  proprietors,  and  be 
tween  whom  and  the  colored  race  there  is  a  natural  antagonism.  That  is  the  trouble  I  appre 
hend  about  all  this  affair.  These  people  and  the  miserable  newspapers  will  destroy  the  col 
ored  people  finally.  My  own  opinion  is,  that  whenever  the  day  comes  for  colored  men  to 
vote,  they  will  vote  for  nobody  but  gentlemen.  They  are  not  going  to  vote  for  pot  house 
politicians.  It  will  be  the  most  conservative  vote  ever  given. 

Question.  What  is  the  disposition  of  the  freedmen  in  your  neighborhood  in  regard  to  edu 
cation  ? 

Answer.  They  are  very  smart ;  very  anxious  for  education. 

Question.  Eager  for  education  ? 

Answer.  Very  much  so. 

Question.  Are  there  any  facilities  for  going  to  school  ? 

Answer.  Oh,  yes ;  there  are  a  good  many  free  schools  in  Alexandria. 

Question.  What  is  the  feeling  of  the  whites  generally  in  regard  to  the  education  of  the  col 
ored  people  ? 

Answer:  The  rebels  are  not  in  favor  of  it ;  they  are  opposed  to  it. 

Question.  What  is  the  feeling  of  that  class  of  people  in  regard  to  negroes  voting? 

Answer.  They  are  very  much  opposed  to  it.     They  think  it  a  very  great  outrage. 

Question.  In  case  the  negro  should  be  allowed  to  vote,  how  would  he  be  treated  at  the  polls 
in  voting  ? 

Answer.  I  reckon  if  the  darkies  ever  get  to  vote  some  of  these  fellows  will  want  their  votes, 
but  they  will  not  get  them.  I  reckon  there  will  be  no  difficulty  on  that  head ;  but  I  do  not 
think  it  would  do  to  remove  the  Freedmen's  Bureau  from  Virginia  at  present. 

Question.  What  would  be  the  effect  of  that  removal  ? 

Answer.  It  would  be  very  disastrous  to  the  colored  people. 

Question.  Would  it  not  have  the  effect  of  reducing  them  to  a  condition  worse  even  than 
slavery  itself? 

Answer.  I  do  not  know  about  that.  I  am  not  prepared  to  say.  The  effect  would  be  very 
injurious,  and  I  think  it  would  be  very  unsafe  to  do  so. 

Question.  Has  not  a  bill  passed  the  senate  of  Virginia  requiring  a  five  years'  residence  in 
the  State  before  a  person  can  vote  ? 

Answer.  The  bill  has  not  passed.  It  was  reported  by  committees  of  both  houses ;  but  I 
think  the  legislature  got  alarmed  about  it.  and  has  put  back  the  provision  of  the  old  law  re 
quiring  a  two  years'  residence.  The  object  of  the  five  years'  limitation  was  to  prevent 
northern  people  from  voting  there,  and  to  keep  the  power  in  their  own  hands.  They  have 
taken  our  Alexandria  charter  away  pretty  much,  merely  to  get  power  in  their  hands ;  and 
that  is  the  fear  I  have  about  this  Congress. 

Question.  They  do  not  intend  to  permit  any  immigration  from  the  north? 

Answer.  They  do  hot  want  northern  immigrants  to  vote  there  anyhow,  and  do  not  want 
them  there  at  all,  if  they  can  help  it. 

Question.  How  are  their  commercial  relations  with  the  northern  people?  Are  they 
friendly? 

Answer.  I  do  not  know.  The  secessionists  or  disloyal  people  hold  very  little  intercourse 
with  the  loyal  people  after  their  pardons  are  obtained.  They  all  worship  in  the  same  church. 

Question.  The  rebels  go  to  rebel  churches,  and  the  Union  men  to  Union  churches  ? 

Answer.  Yes,  sir.  It  is  a  great  misfortune.  I  do  not  know  how  it  is  to  be  settled.  I 
think  you  will  find  that  Alexandria  is  a  very  fair  exponent  of  Virginia. 

Question.  You  think  that  these  disloyal  newspapers  do  a  great  deal  of  mischief? 

Answer.  I  think  they  are  the  cause  of  all  our  present  difficulties.  I  think  the  war  was 
prolonged  two  years  by  them.  During  the  time  that  General  McClellan  was  in  command  in 
Virginia  the  proportion  of  newspapers  sold  in  the  camp  was  one  thousand  Heralds,  five  hun 
dred  copies  of  the  Daily  News,  ten  copies  of  the  Tribune,  and  five  copies  of  the  Times. 
What  could  you  expect?  You  could  not  get  the  government  to  say  that  these  copperhead 
papers  should  not  be  sold  in  the  army.  If  it  had  stopped  their  circulation  I  think  the  war 
would  have  been  closed  long  ago,  unless  it  was  that  God  did  not  intend  it  to  be  closed 
sooner. 

Question.  If  the  rebels  had  the  opportunity,  would  they  assume  the  payment  of  the  rebel 
debt? 

Answer.  Why  of  course.  All  the  rebel  States  would  if  they  could  do  it.  And  I  do  not 
know  what  constitutional  amendment  can  be  devised  to  prevent  them.  The  difficulty  to  be 


14  RECONSTRUCTION 

apprehended  is,  that  if  these  people  are  permitted  to  come  in  and  effect  a  coalition  with  the 
democrats  of  the  north  they  will  finally  control  the  government,  and  will  certainly  never  pay 
the  federal  debt.  That  is  my  opinion.  The  government  ought  to  take  care  of  the  public 
debt. 

Question.  Would  they  not  also  overturn  the  whole  system  of  emancipation  if  they 
could? 

Answer.  I  really  cannot  say  about  that ;  but  they  hate  the  government  of  the  United 
States  bitterly.  There  is  no  question  about  that.  They  have  no  love  for  the  government 
of  the  United  States.  It  is  a  great  misfortune. 

Question.  To  them? 

Answer.  Yes,  and  to  the  government. 

Question.  Do  you  think  the  rebel  people  in  Virginia  and  elsewhere  respect  the  power  of 
the  United  States  ? 

Answer.  No,  sir ;  but  they  are  afraid  of  it. 

Question.  Is  there  anything  about  the  United  States  which  they  respect  ? 

Answer.  I  do  not  know  that  there  is.  They  will  give  the  government  trouble  some  of 
these  days.  They  will  try  to  get  into  power  before  186d. 


WASHINGTON,  January  31,  1866. 
George  S.  Smith  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  I  am  now  residing  in  Maryland.  I  am  a  citizen  of  Virginia,  but  am  temporarily 
residing  in  Maryland. 

Question.  In  what  part  of  Virginia  have  you  been  residing  ? 

Answer.  In  Culpeper  county. 

Question.  What  is  your  business? 

Answer.  Farming. 

Question.  How  long  did  you  reside  in  Culpeper  county  ? 

Answer.  I  moved  into  Culpeper  county  in  1846  from  Spottsylvauia  county. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir;  I  am  a  native  of  the  State  of  New  Hampshire. 

Question.  You  must,  of  course,  be  pretty  well  acquainted  with  the  condition  of  affairs  in 
Culpeper  county,  and  the  state  of  public  feeling  them  towards  the  United.  States  ? 

Answer.  I  have  had  very  good  opportunities  of  becoming  so.  I  am  very  well  acquainted 
throughout  the  State. 

Question.  According  to  your  observation,  what  is  the  state  of  feeling  among  the  disloyal 
portion  of  the  people  of  Virginia  towards  the  government  of  the  United  States? 

Answer.  I  think  it  is  hostile. 

Question.  In  what  sense  is  it  hostile  ? 

Answer.  I  do  not  think  that  they  will  yield  obedience  to  the  government  of  the  United 
States  any  further  than  they  are  compelled  to  do.  None  whatever  willingly. 

Question.  To  what  particular  classes  does  this  feeling  attach  itself  ? 

Answer.  I  think  to  the  leading  classes  ;  what  we  call  representative  men.  I  think  the 
common  class  of  people  could  be  handled  very  easily.  The  trouble  is  with  our  leading  men, 
arid  with  the  newspapers. 

Question.  Among  the  leading  classes  is  there,  properly  speaking,  any  attachment  to  the 
government  of  the  United  States  ? 

Answer.  I  do  not  know  of  an  instance — not  an  instance. 

Question.  If  they  could  have  their  own  way,  what  would  they  do  ? 

Answer.  If  they  could  have  their  own  way,  they  would  certainly  separate.  There  is 
nothing  that  would  induce  the  south  to  live  with  the  north  if  they  could  have  their  own  way. 
That  is  a  settled  fact. 

Question.  You  mean  to  be  understood  as  saying  that  there  is  a  hatred  on  the  part  of  the 
southern  people  to  the  north  ? 

Answer.  Yes,  sir ;  a  perfect  hatred. 

Question.  What  do  you  regard  as  the  principal  cause  of  that  hatred  ? 

Answer.  Education.  They  have  been  educated  up  to  it.  I  have  lived  among  them  nearly 
thirty  years,  and  it  was  not  so  when  I  first  went  there.  The  people  on  the  stage  of  action 
now  have  been  educated  up  to  it.  They  believe  in  themselves  as  a  superior  class  of  people, 
and  that  northern  people  are  a  low-lived,  degraded  class  of  people. 

Question.  In  what  respect  do  they  regard  themselves  as  superior? 

Answer.  Intellectually. 

Question.  Morally  ? 

Answer.  I  do  not  know  that  I  can  say  that. 

Question.  Physically  ? 

Answer.  They  did  believe  physically. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  15 

Question.  Has  that  feeling  become,  in  any  degree,  changed  or  modified  as  a  result  of  the 
war .' 

Answer.  I  do  not  know  that  I  am  capable  of  answering  that  question  properly.  I  went 
into  Richmond  with  our  army.  There  I  met  with  a  great  many  gentlemen  of  my  former  ac 
quaintance — influential,  leading  men.  They  then  gave  up  everything.  They  were  very 
plastic  indeed ;  you  could  have  moulded  them  in  any  way.  I  have  since  met  with  them  re 
peatedly,  and  they  have  gene  back  again  to  their  first  notions.  They  now  say  that  they  do 
not  regret  anything  they  did ;  that  if  they  had  to  do  it  over  again  they  would  do  the  same 
thing.  They  only  regret  their  want  of  success.  Their  object  in  going  into  it  is  just  as  strong 
now  as  it  was. 

Question.  What  effect  has  the  President's  liberal  policy  toward  the  rebels  and  rebel  States 
had,  with  reference  to  the  increase  or  diminution  of  loyal  feeling  towards  the  government  of 
the  United  States  ? 

Answer.  I  think  it  has  brought  forward  a  class  of  men  as  representative  men,  who  would 
not  otherwise  have  come  forward.  I  think  it  has  brought  forward  the  original  leaders  of  the 
rebellion,  who  would  not  have  sought  position  if  they  had  not  thought  they  could  get  it 
through  this  policy. 

Question.  Has  that  policy  of  the  President  increased  or  diminished  the  respect  of  the  slave- 
holding  class  of  Virginia  towards  the  government  of  the  United  States  1 

Answer.  I  do  not  know,  for  I  do  not  think  they  ever  had  any  respect  for  it. 

Question.  Then  I  am  to  infer  that  it  has  not  increased  that  respect? 

Answer.  Certainly  it  has  not. 

Question.  Speaking  of  that  policy,  has  it,  or  has  it  not,  made  that  class  more  contemptuous 
towards  the  United  States  than  they  were  before  ? 

Answer.  I  should  think  it  has. 

Question.  I  mean  in  their  expression? 

Answer.  Yes,  I  think  it  has. 

Question.  How  has  that  result  arisen  ? 

Answer.  From  the  leniency  of  the  government.  They  did  not  expect  it.  The  representa 
tive  men  of  the  south  have  had  power  and  are  ambitious  of  power.  When  the  rebellion  was 
first  brought  to  a  close,  they  did  not  expect  that  they  could  reckon  upon  that  power  any  more. 
They  thought  that  they  had  lost  it,  and  that  they  would  have  to  step  aside.  But  when  a 
mild  policy  was  resorted  to,  and  inducements  were  held  out  to  them  to  come  back,  they 
thought  there  was  an  opportunity  for  them  again  to  step  back  and  regain  what  they  thought 
they  had  lost ;  and  they  took  that  opportunity.  It  has  brought  in  a  different  class  of  men, 
who  would  not  have  come  in  if  that  policy  had  not  been  resorted  to. 

Question.  What,  in  general,  are  the  schemes  which  that  class  of  southern  people  now  have 
in  view  ? 

Answer.  To  overthrow  the  general  government  and  to  repudiate  the  national  debt. 

Question.  And  to  assume  the  payment  of  the  rebel  debt,  think  you? 

Answer.  I  do  not  know  that  I  can  venture  to  say  that  because  I  have  different  views  from 
most  people  respecting  that  rebel  debt.  I  do  not  think  that  the  masses  of  the  people  at  the 
south  could  be  induced  to  vote  to  pay  that  debt.  The  men  who  have  been  in  the  army  re 
ceiving  $13  a  month  could  not  be  degraded  so  low  as  to  make  them  tax  themselves  to  pay  at 
the  rate  of  sixty  or  seventy  dollars  for  one,  for  the  benefit  of  a  few  speculators. 

Question.  You  think  they  have  in  view  still  the  overthrow  of  the  government  of  the  United 
States.  What  are  the  means  by  which  they  propose  to  accomplish  it  ? 

Answer.  By  political  combinations.  I  talked  with  a  great  many  of  the  leading  politicians, 
and  they  say  they  want  to  try  to  accomplish  by  stratagem  what  they  failed  to  accomplish  by 
war. 

Question.  Let  us  hear  what  their  plan  is. 

Answer.  I  think  that  they  have  a  great  many  friends  among  the  democracy  of  the  north, 
if  I  may  use  plain  language. 

Mr.  HOWARD.  Yes,  use  plain  language. 

WITNESS.  They  say  that  the  large  proportion  of  the  national  debt  is  owned  at  the  east, 
and  that  the  west,  when  they  are  taxed  to  pay  it,  will  begin  to  squirm — will  be  dissatisfied; 
and  they  think  that  with  their  peculiar  ingenuity  they  can  influence  the  west  to  go  with  them 
and  assist  them  in  repudiating  the  federal  debt  and  establishing  their  independence,  perhaps. , 

Question.  Have  you  any  reason  to  suppose  that  there  are  combinations  in  Virginia  or  else 
where  in  the  south,  any  secret  associations,  having  such  an  object  in  view? 

Answer.  I  do  not  know  of  any.  I  believe,  however,  that  is  the  fixed  determination  of  every 
one  of  the  leading  men. 

Question.  And  you  think  that  their  general  purpose  is  to  get  rid  of  the  authority  of  the 
United  States  ? 

Answer.  I  do. 

Question.  What,  in  brief  terms,  have  been  your  means  of  knowledge  ? 

Answer.  I  have  been  connected  with  the  internal  improvements  of  Virginia  before  the  war. 
I  have  been  a  contractor  on  some  internal  improvements  and  have  become  well  acquainted 
with  some  of  the  leading  men  of  the  State  in  that  way.  The  first  year  or  year  and  a  half  of 
the  war  I  was  inside  the  rebel  lines.  General  Pope  let  me  out  when  he  came  to  Culpeper. 
Since  then  I  have  been  with  the  federal  army  in  Virginia.  Wherever  the  army  has  been 


1 6  RECONSTRUCTION. 

I  have  been.  I  have  met  with  a  great  many  Virginians,  men  of  influence.  Not  being  sub 
ject  to  military  control,  I  would  drift  around,  and  these  people  would  talk  more  freely  with 
me  than  with  an  officer,  and  I  could  get  their  opinions  in  that  respect.  I  have  not  met  with 
a  gentleman  of  influence  or  position  who  is  not  just  as  determined  in  his  purpose  now  as  when 
he  first  entered  the  rebellion,  that  is,  to  have  a  separate  government  if  they  possibly  can  get  it. 

Question.  Do  you  think  that  the  policy  of  Mr.  Johnson  has  encouraged  that  purpose  ? 
Answer.  I  really  do,  sir. 

Question.  Do  you  think  that  his  establishment  of  State  governments  under  military  orders 
and  decrees  has  had  the  effect  of  encouraging  that  hope  of  the  ultimate  independence  of  the 
rebel  States  ? 

Answer.  I  think  the  encouragement  held  out  to  them  in  allowing  them  to  elect  their  own 
officers  has  had  a  tendency  to  make  them  think  that  they  can  in  time  carry  out  what  they 
failed  to  carry  out  by  the  sword. 

Question.  What  effect  has  that  policy  had  on  the  Union  men  ? 

Answer.  It  has  diminished  them  in  this  way :  it  has  made  a  great  many  men  who  were 
Union  men  cloak  it  over ;  they  dare  not  say  anything.  I  do  not  know  that  the  cases  are  in 
numerable,  but  they  are  very  common.  Union  men  who  have  been  speaking  to  me  have  said, 
"Mr.  Smith,  please  to  say  nothing  about  what  has  passed  between  you  and  me  as  to  politics. 
My  property  is  here,  my  life  is  here,  my  associations  are  here,  my  business  is  here,  and  I  do 
not  want  to  have  it  known  that  I  ever  said  anything  in  favor  of  the  federal  government." 
They  want  to  cloak  it  up.  They  dare  not  at  this  day  have  it  known  that  they  are  Union  men. 

Question.  Do  you  think,  then,  that  that  policy  has  brought  upon  the  Union  element  a  feel 
ing  of  despair  rather  than  of  courage  and  hope  ? 

Answer.  That  is  my  experience,  sir.  It  has  suppressed  among  the  common  people  a  good 
deal  of  the  Union  feeling  which  was  growing  up. 

Question.  Suppose  the  question  was  now  put  in  the  proper  form  to  the  people  of  Virginia 
whether  they  would  secede — whether  they  would  go  out  of  the  Union ;  and  suppose  that 
there  should  be  no  danger  of  military  interference  to  prevent  it,  or  any  effort  on  the  part  of 
the  United  States  to  prevent  it;  what  would  probably  be  the  result  of  the  vote? 

Answer.  More  than  ninety-nine  out  of  every  hundred  would  vote  to  secede. 

Question.  Suppose  the  question  should  be  submitted  in  the  same  way  to  the  people  of  Vir 
ginia  whether  they  would  pay  their  just  share  of  the  federal  debt  contracted  in  the  prosecu 
tion  of  the  war :  what  would  be  the  result  of  that  vote  ? 

Answer.  They  would  vote  against  it. 

Question.  Why? 

Answer.  They  think  it  is  unjust.     They  think  it  is  forced  upon  them. 

Question.  Suppose  the  United  States  should  be  engaged  in  a  war  with  a  first-rate  foreign 
power,  such  as  England  or  France :  what  would  be  the  conduct  of  the  people  and  the  gov 
ernment  of  Virginia  on  such  an  occasion  ? 

Answer.  I  think  they  would  study  policy  in  regard  to  it.  I  think  the  leaders,  if  they 
thought  it  was  for  their  interest — that  they  could  gain  anything  by  doing  it — would  sustain 
the  government ;  otherwise  they  would  go  against  it. 

Question.  Suppose  that,  at  such  a  moment,  there  should  be  a  combination  and  concert  be 
tween  the  rebel  States,  and  suppose  that  that  combination  should  assume,  apparently,  strength 
enough  to  assure  success  in  case  they  joined  the  enemies  of  the  United  States :  what,  then, 
would  be  their  conduct  ? 

Answer.  I  think  they  would  join  them ;  I  am  sure  they  would. 

Question.  Have  you  ever  talked  with  any  men  of  influence  and  position  in  Virginia,  or 
elsewhere  in  the  slaveholding  States,  on  that  subject? 

Answer.  Not  bearing  so  strongly  as  that ;  but,  from  such  conversation  as  I  have  had  with 
them,  I  should  certainly  think  that  that  would  be  the  course  they  would  pursue.  I  do  not 
think  that  there  is  any  loyalty  at  all  in  the  leading  men  of  the  State  of  Virginia. 

Question.  In  the  event  of  such  a  war,  would  you  regard  these  ex-rebel  States  as  elements 
of  strength  to  the  United  States,  or  of  weakness  ? 

Answer.  Of  weakness. 

Question.  How  do  they  feel  generally  towards  the  freedmen  ? 

Answer.  Hatred.  Their  hate,  first,  is  to  the  citizen  Union  men  ;  their  next  hate  is  to  the 
negro ;  and  their  last  is  to  the  Yankees,  as  they  call  them. 

Question.  If  left  to  themselves,  what  would  they  do  with  the  negro7 

Answer.  They  would  entirely  extirpate  him  from  the  face  of  the  earth.  They  would  first 
commence  with  the  Union  men,  and  men  they  would  take  the  negro. 

Question.  Do  you  think  they  would  murder  the  negro  ? 

Answer.  I  do  ;  and  they  are  doing  it  every  day. 

Question.  Why  should  they  murder  the  negro  ? 

Answer.  I  cannot  answer  that  in  any  other  way  than  by  supposing  it  owing  to  human  de 
pravity. 

Question.  They  need  the  negro's  labor  ? 

Answer.  Yes,  sir;  but  a  man's  passions  go  beyond  his  interests.  They  always  have  been 
the  negro's  masters  ;  they  controlled  him  ;  they  never  acknowledged  that  he  had  any  rights  ; 
he  had  no  rights  more  than  a  beast  had ;  I  was  a  slaveholder  myself,  and  I  know  it.  When 


VIRGINIA NORTH    CAROLINA — SOUTH    CAROLINA  17 

you  come  to  give  the  negro  his  rights,  it  is  very  galling  to  men  educated  in  that  way.     They 
cannot  yield  to  the  negro  those  rights  that  they  can  to  the  white  man. 

Question.  How  do  they  feel  in  regard  to  the  education  of  the  freedinen? 

Answer.  I  never  discussed  that  question  with  them. 

Question.  How  do  they  feel  in  regard  to  negroes  voting  and  exercising  political  rights  ? 

Answer.  Prejudiced  against  it.  I  know  of  no  men,  except  strong  Union  men,  who  are  in 
favor  of  it. 

Question.  How  do  they  feel  in  regard  to  the  Freedmen's  Bureau  ? 

Answer.  They  are  prejudiced  against  it.  They  think  that  it  is  a  thing  forced  upon  them, 
and  that  there  is  no  constitutional  law  for  it. 

Question.  They  raise  the  constitutional  point  upon  it  ? 

Answer.  Certainly,  on  every  question,  as  though  they  were  interested  in  the  Constitution 
which  they  were  trying  to  overthrow. 

Question.  Have  you  noticed  a  disposition  generally  among  them  to  maltreat  the  negro  ? 

Answer.  I  have. 

Question.  To  deprive  him  of  the  fruits  of  his  labor  ? 

Answer.  Yes,  sir :  they  maltreat  them  every  day  they  can.  I  have  been  in  the  provost 
marshal's  department,  under  General  Patrick,  almost  ever  since  he  has  been  provost  marshal, 
and  have  had  great  opportunities  of  seeing  the  cases  that  are  brought  before  him.  Although 
I  am  prejudiced  against  the  negro  myself,  still  I  must  tell  the  truth,  and  must  acknowledge 
that  he  has  rights.  In  more  than  nine  cases  out  of  ten  that  have  come  up  in  General  Pat 
rick's  office  the  negro  has  been  right  and  the  white  man  has  been  wrong,  and  I  think  tha 
that  will  be  found  to  be  the  case  if  you  examine  the  different  provost  marshals. 

Question.  What  chance  does  the  negro  stand  to  obtain  justice  in  the  civil  courts  of  Vir 
ginia  ? 

Answer.  Not  a  particle — no  more  than  a  rabbit  would  in  a  den  of  lions ;  nor  a  Union  man, 
either. 

Question.  Do  you  regard  it  as  safe  for  people  of  the  free  States  to  settle  in  Virginia  and 
other  rebel  States  ? 

Answer.  Yes,  sir,  I  do.  The  prejudice  against  the  northern  man  is  not  so  strong  as  to 
jeopardize  his  life.  It  is  only  the  Union  man  who  has  lived  among  them  and  taken  an  active 
part  against  them  Avhose  life  is  in  jeopardy.  I  think  that,  if  I  had  never  lived  among  them, 
and  were  as  strong  a  Union  man  as  I  could  be,  I  would  not  hesitate  to  go  and  live  among 
them. 

Question.  What  chance  would  a  Union  man  have  of  obtaining  justice  in  a  Virginia  State 
court  ? 

Answer.  I  do  not  think  he  would  have  justice  done  him. 

Question.  Do  you  think  it  practicable  to  obtain  a  jury  in  Virginia  that  would  convict  a 
man  of  treason  for  being  engaged  in  the  late  civil  war  against  the  government  ? 

Answer.  I  do  not  think  such  a  jury  could  be  summoned  outside  of  the  element  that  is 
known  to  be  Union. 

Question.  How  large  is  that  element? 

Answer.  Very  small,  sir,  at  the  present  time.  There  are  a  good  many  Union  men  in  Vir 
ginia  who  dare  not  let  it  be  known. 

Question.  Is  their  influence  increasing  or  diminishing  ? 

Answer.  I  have  not  seen  any  increase.  I  do  not  know  of  any  change  from  a  rebel  fro  a 
Union  man,  or  from  a  Union  man  to  a  rebel. 

Question.  Are  the  ex-rebels  as  bitter  at  present  in  their  proscriptions  of  Union  men  as  they 
were  during  the  war? 

Answer.  I  think  they  are  worse  to-day  than  they  were,  except  during  the  first  year  of  the 
war. 

Question.  Have  you  had  any  acquaintance  in  North  Carolina  or  South  Carolina  ? 

Answer.  No,  sir,  not  outside  of  Virginia. 

Question.  Are  you  a  man  of  competent  education  ? 

Answer.  Yes,  sir,  in  English  education :  I  am  not  a  graduate. 

Question.  You  have  mingled  a  good  deal  with  the  people  of  Virginia,  both  previous  to, 
and  during,  and  since  the  war  ? 

Answer.  Yes,  sir ;  there  were  very  few  men  who  knew  more  of  Virginia  than  I  did. 

Question.  Arising  from  what? 

Answer.  From  my  business.  I  raised  my  family  in  Virginia.  If  I  should  write  out  my 
own  experience  I  could  not  for  my  life  do  it  as  well  as  it  has  been  written  out  fur  me  in  dif 
ferent  reports.  Take  for  instance  that  report  of  Major  General  Carl  Schurz  ;  it  is  the  expe 
rience  or  every  Union  man  in  the  south.  Take  Governor  Browulow's  letter ;  take  the  two 
letters  from  North  Carolina  that  were  published  in  the  Chronicle  yesterday — there  is  not  an 
honest  man  in  the  south  who  will  not  say  that  they  describe  the  true  sentiments  and  the  true 
feelings  of  the  whole  south.  You  may  summon  before  your  committee  every  man  in  th.e 
southern  States,  and  you  cannot  get  anything  more  than  you  have  got  there.  They  embody 
the  whole  of  it.  No  man  can  express  himself  better  than  they  have  expressed  it  for  him.  I 
have  been  driven  from  the  State  of  Virginia  away  from  my  property  ;  and  such  is  the  state  of 
feeling  in  the  neighborhood  where  I  resided,  that  I  dare  not  go  back  for  fear  of  personal 
violence. 

2 — V  NC  SC 


1 8  RECONSTRUCTION. 

WASHINGTON,  January  31,  1866. 
Dr.  G.  F.  Watson  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  I  reside  in  Accomac  county,  Virginia,  when  at  home — Wise's  old  district. 
Question.  What  is  your  profession? 

Answer.  A  doctor  of  medicine.     I  am  at  this  time,  and  have  been  for  nearly  three  years, 
one  of  the  board  of  United  States  direct  tax  commissioners  for  the  State  of  Virginia. 

Question.  Do  you  know  the  feelings  of  the  people  of  the  State  toward  the  government  of 
the  United  States  ? 

Answer.  I  think  I  do  pretty  well. 

Question.  What  is  the  loyalty  of  Accomac  and  Northampton  counties  ? 
Answer.  When  I  visited  Accomac  and  Northampton  counties  in  October  last  the  citizens 
were  then  disloyal ;  and  from  reliable  information  since,  I  have  no  reason  to  believe  that 
they  are  better  disposed  toward  the  government  at  this  time.     I  think  I  have  had  as  good  an 
opportunity  to  know  the  sentiments  of  the  people  of  the  State  as  almost  any  other  man, 
having  lived  in  it  from  my  birth  to  the  present  time,  and  my  official  duties  having  called  me 
to  different  portions  of  the  State.     I  feel  that  the  educated  class  of  the  community  are  as  dis 
loyal  now  as  they  were  at  the  time  of  the  surrender  of  Lee. 
Question.  How  has  that  happened  ? 

Answer.  I  think  mainly  through  the  leniency  of  the  government.  I  was  in  Richmond  in 
November  and  December  last,  and  saw  some  apparently  good  feeling  on  the  part  of  the  ex- 
rebels  toward  the  government ;  but  on  my  late  visit  to  that  city  I  found  that  feeling  mate 
rially  changed.  /The  Union  men  in  business  there  were  afraid  to  be  seen  conversing  with 
other  Union  men  for  fear  of  injuring  them  in  their  business.  I  spent  last  winter  in  the  city 
of  Norfolk.  At  that  time  the  mercantile  business  was  engaged  in  principally  by  northern 
Union  men.  The  citizens  not  feeling  disposed  to  encourage  them  in  trade,  and  opposed  to 
northern  emigration,  raised  their  rents  to  such  an  exorbitant  price  that  they  were  compelled 
to  discontinue  business  and  leave;  consequently  the  ex-rebels  have  the  entire  control.  In 
Alexandria  city  the  same  proscription  has  been  carried  out.  I  am  credibly  informed  that 
in  Richmond  the  northern  capitalists  have  partly  suspended  operations  in  the  erecting  of 
buildings  on  account  of  illegal  legislation  and  a  feeling  of  antipathy  toward  northern  emigra 
tion.  There  is  one  other  thing  of  which  I  feel  fully  satisfied  ;  that  is,  that  the  loyal  men  of 
the  State  cannot  get  justice  in  the  reconstructed  disloyal  courts./ 
Question.  Why  not? 

Answer.  For  the  reason  of  the  disloyalty  of  the  jurors  and  lawyers.  As  an  instance,  in 
the  counties  of  Accomac  and  Northampton  there  is  not  a  loyal  man  practicing  at  the  bar  out 
of  some  fifteen  or  twenty. 

Question.  Have  they  been  all  engaged  in  the  rebellion? 

Answer.  Yes;  some  of  them,  however,  did  not  leave,  but  used  their  baneful  influence  at 
home ;  whilst  others,  who  ran  the  blockade  and  returned,  were  captured  ;  others,  who  were 
the  best  and  most  respected,  went  with  the  southern  confederacy,  and  remained  there  until 
the  surrender  of  Lee. 

Question.  What  is  the  feeling  among  that  class  of  people  as  to  remaining  in  the  Union  ? 
Answer.  The  feeling  is  this:  if  they  can  be  thoroughly  reconstructed  in  accordance  with 
their  desires — giving  them  full  control  of  the  government,  the  emoluments  of.  office,  and  the 
honors  connected — they  might  be  induced  to  remain  in  the  Union.  They  have  said  to  me 
that  they  have  no  interest  in  the  government.  A  prominent  lawyer  in  the  city  of  Richmond 
said  to  me  last  December  that  he  would  prefer  to  see  Fred.  Douglass  emperor  of  the  countiy 
than  a  Yankee  to  be  at  the  head  of  the  government. 

Question.  What  was  his  idea  about  having  a  king  or  emperor  ? 

Answer.  They  feel,  I  suppose,  that  they  have  been  whipped,  and  those  of  prominence  and 
wealth  before  the  war,  now  being  poor,  feel  that  they  have  lost  their  power  and  have  not 
their  former  influence.  It  is  the  leading  politicians  who  do  all  the  mischief;  were  they  prop 
erly  dealt  with  we  would  have  less  trouble,  and  I  believe  that  the  medium  class  would  sus 
tain  the  government. 

Question.  Could  any  of  these  persons  be  convicted  of  treason  by  a  Virginia  jury  ? 
Answer.  I  think  not ;  but  a  Union  man  would  be  very  readily  prosecuted  by  them. 
Question.  How  is  it  with  reference  to  freedmen  1 

Answer.  They  despise  the  freedmen ;  they  think,  and  frequently  express,  that  all  they 
want  is  for  the  military  .to  be  removed  and  they  will  handle  them  roughly  ;  they  also  speak 
in  the  same  terms  of  Union  white  men.  If  reconstruction  of  the  rebel  States,  as  proposed, 
be  successful,  and  they  get  possession  of  the  States,  my  opinion  is  that  not  a  Union  man  can 
stay  in  Virginia,  as  taxation  and  persecution  by  these  parties  must  necessarily  drive  them 
from  this  State. 

Question.  What  are  the  feelings  and  opinions  of  the  Union  men  of  the  State?  ^ 
Answer.  The  feelings  and  opinions  of  the  Union  men  are,  that  they  do  not  desire  any  form 
of  reconstruction,  either  by  a  provisional  or  civil  governor ;  we  desire  a  territorial  govern 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  19 

merit.  If  we  can  have  that,  I  think  in  a  short  time  we  could  induce  emigration,  which  will 
not  come  in  under  the  present  state  of  things.  It  would  also  give  time  to  make  the  colored 
man  more  intelligent  and  less  under  the  influence  of  his  former  master.  When  a  proper 
time  shall  arrive  for  reconstruction,  we  shall  then  be  able  to  cast  a  majority  of  loyal  votes — 
friends  to  the  government,  not  enemies,  as  would-be  the  case  under  the  present  policy  of 
reconstruction.  Without  some  such  protection  God  save  the  Union  men ! 

Question.  Suppose  the  restraint  arising  from  the  presence  of  Union  forces  in  Virginia  was 
withdrawn,  and  suppose  the  Freedmen's  Bureau  was  withdrawn,  what  would  be  the  condi 
tion  of  the  loyalists  and  freedmen  in  Virginia? 

Answer.  There  would  be  no  protection  for  Union  men,  and  the  freedmen  would  necessarily 
suffer  much. 

Question.  Would  there  be  scenes  of  riot  and  violence  ? 

Answer/  I  think  it  probable.  You  have  heard  of  the  riot  which  took  place  on  Christmas 
day,  almost  under  the  eye  of  the  military,  in  Alexandria ;  from  that  you  can  judge  what  it 
would  be  if  the  military  were  withdrawn.  At  the  late  election  at  many  places  the  ex-rebels 
paid  no  attention  to  the  provisions  of  the  Alexandria  constitution,  which  required  such  voters 
to  take  the  oath  that  they  had  not  borne  arms  against  the  government  of  the  United  States 
since .  A  number  of  the  members  of  the  legislature  who  were  elected,  as  I  have  been  in 
formed,  were  engaged  in  the  rebellion  as  officers  and  otherwise,  and  have  never  taken  the 
oath  required  by  the  constitution  adopted  in  Alexandria  in  April,  1864. 

Question.  Is  that  the  character  of  that  legislature? 

Answer.  A  large  majority  of  that  legislature,  in  my  opinion,  are  disloyal  men,  but  of  course 
profess  to  be  loyal.  A  member  of  the  senate  informed  me  a  few  days  since  that  the  money 
in  the  treasury,  and  for  which  the  loyal  men  had  been  taxed,  would  not  last  more  than 
twenty  days. 

Question.  What  effect  has  the  liberal  policy  of  President  Johnson  in  granting  pardons  and 
amnesty  to  the  rebels  in  Virginia  had  ? 

Answer.  It  has  had  no  beneficial  effect  as  far  as  my  experience  has  been.  I  will  give  you 
a  case  in  point.  A  wealthy  gentleman,  owning  much  land  near  Richmond  and  on  the  penin 
sula,  came  to  my  office  in  the  month  of  December  last,  and  said  to  me  that  he  undei  stood 
his  lands  had  been  forfeited  to  the  United  States  government  for  the  non-payment  of  the  direct 
tax.  On  looking  over  my  books  I  found  his  information  to  be  correct.  He  asked  me,  "  Can 
I  redeem  them  ?"  I  answered  him,  he  could  by  paying  the  tax  and  interest.  I  made  out  a 
redemption  receipt,  and  on  handing  it  to  him  he  gave  me  a  check,  with  these  words :  "This 
is  the  bitterest  pill  I  ever  took  except  one,  and  that  was  the  oath  of  allegiance  to  the  United 
States  government."  That  did  not  prove  to  me  that  leniency  had  caused  him  to  feel  any 
devotion  to  the  government. 

Question.  What  effect  has  been  produced  by  the  Union  victories  over  the  rebels  on  the 
minds  of  that  old  class  of  Virginians  ? 

Answer.  They  had  a  considerable  effect  at  the  time  of  the  surrender  of  Lee,  but  they  seem 
to  have  been  encouraged  by  the  hope  of  reconstruction  and  leniency  from  the  government  of 
the  United  States,  and  now  assume  to  demand  rights  which  they  have  forfeited. 

Question.  Suppose  the  rebel  States  are  admitted  to  a  representation  in  Congress,  what 
would  be  the  effect  upon  the  people  of  Virginia  ? 

Answer.  I  think  from  what  I  know  that  the  members  elected  would  obey  the  wishes  of 
their  constituents,  which  are  inimical  to  the  government. 

Question.  Suppose  they  should  get  the  power  by  a  combination  with  some  other  party ; 
what  then  ? 

Answer.  That  is  what  I  alluded  to.     I  believe  they  would  use  it  if  they  got  it. 

Question.  In  what  way  would  they  use  it  ? 

Answer.  First,  to  repudiate  the  federal  debt. 

Question.  Would  they  stop  there  ? 

Answer.  I  think  not ;  they  would  go  for  the  payment  of  the  confederate  debt. 

Question.  Would  they  stop  there  ? 

Answer.  I  doubt  it  very  much.  I  am  of  the  opinion  that  should  they  get  the  power  by 
combination  with  other  parties  a  second  rebellion  might  be  the  consequence. 

Question.  Have  you  any  reason  to  suppose  that  any  of  the  leaders  of  the  late  rebellion 
have  it  still  in  contemplation  to  bring  about  another  war? 

Answer.  I  do  not  know  that  they  have. 

Question.  Have  you  any  idea  that  any  such  conspiracy  exists  in  any  of  the  rebel  States  ? 

Answer.  I  have  not. 

Question.  Have  you  any  reason  to  suppose  that  they  are  collecting  arms  in  any  locality  ? 

Answer.  I  have  not.     I  would  be  the  last  man  in  Virginia  to  know  it. 

Question.  Have  you  heard  any  such  rumor  ? 

Answer.  I  have  not.     I  believe  that  there  is  a  desire  on  the  part  of  them  that  a  difficulty 
between  this  country  and  some  foreign  power  should  take  place.     In  Richmond,  last  Novem 
ber,  in  a  conversation  with  a  confederate  captain,  at  the  time  there  being  much  talk  of 
difficulty  between  France  and  this  government,  he  seemed  rejoiced,  and  made  this  remark 
"I  regret  that  my  little  company  is  squandered,  but  I  can  whistle  them  up." 

Question.  What  was  he  going  to  do  in  case  of  a  war  with  France  ? 


20  RECONSTRUCTION. 

Answer.  I  inferred  from  his  remarks  that  he  would  join  Maximilian. 

Question.  In  case  the  government  of  the  United  States  should  be  involved  in  a  war  with 
England  or  France,  what  would  be  the  course  likely  to  be  taken  by  the  rebel  States  ? 

Answer  I  think  they  would  join  France  or  any  other  foreign  power.  I  will  not  say  that 
all  of  the  ex-rebels  would,  but  I  think  a  very  large  portion  of  them  would. 

Question.  Have  you  any  other  fact  upon  your  mind  which  you  wish  to  state  to  the  com 
mittee  ? 

Answer.  No,  sir.  I  would  prefer  to  make  some  notes  of  what  does  not  occur  to  me  at 
present.  In  the  first  part  of  my  testimony  before  this  committee  I  spoke  of  the  State  legis 
lature.  I  deem  it  proper  to  offer  the  following  on  that  subject.  The  present  legislature  of 
Virginia  should  be  set  aside  because  of  its  illegality,  and  all  its  acts  passed  since  the  adoption 
of  the  Alexandria  constitution  declared  null  and  void.  In  the  Alexandria  constitution,  which 
was  passed  or  adopted  by  the  convention  on  the  7th  day  of  April,  1864,  among  others  it 
adopted  the  following  provisions : 

Article  4,  section  1 :  "The  legislative  power  of  this  commonwealth  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a  senate  and  house  of  delegates."  Section  2 :  "  The 
house  of  delegates  shall  consist  of  not  less  than  eighty  and  of  not  more  than  one  hundred  and 
four  members.  The  senate  shall  never  be  less  than  one-fourth  nor  more  than  one-third  the 
numbers  of  the  house  of  delegates."  Section  8:  *  *  "A  majority  of  the  members 

elected  to  each  house  shall  constitute  a  quorum  to  do  business,  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  shall  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner  and  under  such  penalty  as  each  house  may  provide." 

Since  this  constitution  was  adopted,  there  have  been  three  sessions  of  the  general  assembly : 
a  regular  session  commencing  Decembers,  J864;  an  extra  session  commencing  June  ^1, 
1865 ;  and  a  regular  session  commencing  December  4,  1865,  and  not  yet  closed.  At  the  first 
regular  session,  and  the  extra  session,  the  house  consisted  of  fourteen  members  and  the 
senate  of  six.  No  more  were  elected,  or  could  be  as  matters  then  existed. 

These  facts  are  now  matters  of  history  and  cannot  be  controverted. 


WASHINGTON,  January  31  1866. 
John  Hawkshurst  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Alexandria,  Virginia.  I  am  a  citizen  of  Fairfax  county,  Virginia,  and  am  in 
the  employment  of  the  government  as  United  States  direct  tax  commissioner. 

Question.  How  long  have  you  held  that  place  ? 

Answer.  For  three  years. 

Question.  What  is  your  age  ? 

Answer.  Forty-nine. 

Question.  Are  you  a  man  of  family  ? 

Answer.  Yes. 

Question.  Are  you  a  man  of  property  ? 

Answer.  I  had  property  before  the  war,  but  it  is  pretty  much  all  gone  now. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No ;  I  was  born  in  Queens  county,  New  York.  I  moved  to  Virginia  in  1846, 
bought  property  there,  and  engaged  in  milling. 

Question.  Have  you  been  in  the  rebel  service  ? 

Answer.  No. 

Question.  You  have  been  a  Unionist  all  along  ? 

Answer.  Yes,  sir.  I  left  my  place,  believing  that  there  was  an  order  out  for  my  arrest,  on 
the  28th  day  of  May,  1861,  going  through  the  woods  and  avoiding  the  highways^  and  came 
to  Washington. 

Question.  After  that  you  did  not  pass  back  through  the  rebel  lines? 

Answer.  No.  I  was  then  appointed  to  represent  my  county  in  the  first  Wheeling  conven 
tion,  and  served  in  it;  and  then  was  elected  to  the  legislature  of  Virginia,  sitting  at  Wheel 
ing.  While  I  was  a  member  there  I  was  appointed  to  my  present  place. 

Question.  State  what  the  general  feeling  is  in  Virginia,  so  far  as  you  know,  towards  the 
government  of  the  United  States. 

Answer.  The  feeling  would  seem  to  l)e  sullen  silence  among  a  large  portion  of  the  people ; 
a  disposition  to  acquiesce  so  far  as  they  must,  but  no  further  ;  a  very  strong  desire  to  obtain 
their  political  influence,  and  to  wield  the  actions  of  the  general  government  to  suit  them. 

Question.  How  are  they  satisfied  In  regard  to  the  emancipation  of  their  slaves? 

Answer.  They  take  it  as  a  matter  of  necessity ;  a  few,  perhaps,  do  not  regret  it.  Those 
who  are  loyal  accept  it  and  are  satisfied. 

Question.  How  extensive  is  your  acquaintance  with  the  rebel  oortion  of  the  population  ? 

Answer.  Not  very  extensive ;  am  well  acquainted  with  most  ot  the  leaders  of  our  county. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  21 

Some  of  the  original  Union  men  became  active  and  efficient  in  the  rebellion  at  a  later  date. 
The  man  who  represented  our  county  in  the  convention  that  passed  the  ordinance  of  seces 
sion  was  such.  His  error  was,  that  he  took  ground  against  coercion,  and,  upon  the  call  of 
the  President  for  troops,  went  against  the  government.  He  has  come  back  and  taken  the 
oath,  and  I  think  him  reliable ;  but  some  of  this  class  seem  more  dissatisfied  thuii  the  origi 
nal  secessionists. 

Question.  How  does  that  happen  ? 

Answer.  They  seem  to  feel  the  disgrace,  as  they  deem  it,  more  keenly  than  the  others, 
and  a  large  portion  of  them  were  not  Union  men  from  principle,  but  from  policy — deeming 
secession  a  mistake  rather  than  a  crime;  but  when  the  State  was  committed  to  the  measure 
they  ceased  their  opposition,  and  became  as  active  as  the  others,  and  feel  the  disgrace  of  de 
feat  more  keenly. 

Question.  What  is  the  feeling  of  all  these  people  towards  the  northern  people  ? 

Answer.  It  appears  hostile. 

Question.  If  they  could  have  their  way  would  the  rebel  people  generally  remain  in  the 
Union  ? 

Answer.  No ;  I  think  they  have  a  stronger  aversion  and  dislike  of  the  Union  than  when 
they  seceded. 

Question.  What  has  produced  this  increase  of  hatred  ? 

Answer.  The  irritation  of  the  war,  and  the  humiliation  of  their  State  pride,  which  is  a 
very  strong  element  in  their  character,  and  predominates  over  all  national  feelings. 

Question.  Do  you  think  they  generally  desire  to  see  the  government  of  the  United  States 
preserved  ? 

Answer.  I  think  not ;  do  not  think  one-tenth  of  those  engaged  in  the  rebellion  heartily 
desiro  the  success  of  our  government  if  it  continues  to  be  controlled  by  the  present  party, 
and  will  submit  to  it  no  longer  than  they  are  compelled,  and  hope  yet  to  see  the  time  when 
they  will  be  free  from  it. 

Question.  You  think,  then,  they  have  not  given  up  that  expectation  ? 

Answer.  I  think  not ;  I  believe  a  large  portion  of  them  are  looking  to  a  foreign  war  as  the 
means  of  their  deliverance  ;  meantime  they  are  active  in  endeavoring  to  obtain  political  stand- 
Ing  to  the  end  that  they  may  either  control  the  government  to  their  interests  or  produce  a 
sepai'ation,  as  may  best  suit  their  purposes  when  such  time  comes. 

Question.  Suppose  they  get  control  of  it  in  that  way  ;  what,  in  your  judgment,  will  they 
be  likely  to  'do  in  regard  to  the  public  debt  of  the  United  States  1 

Answer.  I  think  they  will  repudiate  it. 

Question.  Suppose  they  cannot  repudiate  it ;  what  then  would  they  do  ;  would  they  then 
ask  to  have  their  own  debt  assumed  by  the  United  States  government? 

Answer.  Yes;  I  think  there  is  a  strong  feeling  that  their  own  obligations  should  be  paid 
as  well  as  ours ;  I  think,  however,  there  is  a  strong  feeling  in  favor  of  repudiation  of  the 
whole ;  but  failing  in  that,  would  endeavor  to  throw  in  their  own. 

Question.  In  case  of  a  war  between  the  United  States  and  a  foreign  power,  such  as  Eng 
land  or  France,  would  you  regard  the  rebel  States  as  an  element  of  strength  to  the  govern 
ment  of  the  United  States  or  of  weakness  ? 

Answer.  A  great  weakness ;  it  would  be  much  stronger  at  present  if  the  Union  was  cut 
in  two  at  the  Potomac.  The  north  is  much  stronger  alone  than  combined  with  the  south  ; 
and  it  would  probably  require  more  men  to  control  the  rebel  States  than  to  meet  any  foreign 
force  that  could  be  sent  against  us. 

Question.  Do  you  think  they  generally  love  this  government  less  than  they  do  the  govern 
ment  of  almost  any  other  nation  ? 

Answer.  I  think  they  have  a  strong  and  predominating  desire  for  independence.  They 
hold  the  government  of  the  United  States  as  a  foreign  government,  and  in  about  the  same 
respect  as  they  do  others. 

Question.  What  is  their  social  demeanor  towards  Union  people,  either  residents  or  from 
the  loyal  States  ? 

Answer.  There  is  not  much  social  feeling  between  the  rebels  and  the  resident  Union  men  ; 
in  many  cases  friendships  are  utterly  destroyed.  There  does  not  seem  to  be  so  much  bitter 
ness  towards  those  who  have  come  from  the  loyal  States  since  the  war,  as  towards  those  who 
were  here  at  the  commencement  and  acted  against  them  during  the  rebellion. 

Question.  How  are  they  disposed  towards  the  freedmen  ? 

Answer.  I  have  not  been  in  a  situation  to  see  much  on  which  to  form  an  opinion  in  that 
respect.  Two  instances  have  come  to  my  knowledge  in  which  endeavors  were  made  to  keep 
them  out  of  business :  one  in  which  a  man  had  rented  his  farm  to  a  freedrmm,  and  he  heard 
of  threats  to  burn  his  house  in  consequence,  and  on  examination,  sufficient  danger  seemed 
to  exist  to  prevent  him  from  fulfilling  his  contract  with  the  freedman.  Another,  who  em 
ployed  freedmen  to  do  nearly  all  his  labor,  heard  of  threats  that  induced  him  hastily  to  have 
his  buildings  insured.  The  corporate  authorities  of  Alexandria  refused  to  grant  them  licenses 
to  do  business,  the  law  of  the  State  not  allowing  it ;  and  attempts  were  made  in  that  city 
to  enforce  the  old  law  against  them  in  respect  to  whipping  and  carrying  fire-arms,  nearly  or 
quite  up  to  the  time  of  the  establishment  of  the  Freedmen's  Bureau  in  that  city. 

Question.  What  are  the  chances  of  Union  men  getting  justice  in  a  State  court  in  Virginia  ? 


2  2  RECONSTRUCTION. 

Answer.  I  do  not  think  it  is  good :  we  have  sold  considerable  property  for  the  non-pay 
ment  of  the  United  States  direct  tax,  and  no  person  has  been  able  to  obtain  possession  of  it 
through  the  State  courts.  To  aid  this,  Congress  at  its  last  session  gave  the  commissioners 
authority  to  issue  writs  of  possession  ;  a  number  of  suits  of  ejectment  have  been  brought  in 
the  State  courts  against  purchasers  at  government  sales,  creating  distrust  and  uneasiness. 

Question.  How  have  they  resulted  ? 

Answer.  None  have  yet  been  decided  that  I  know  of;  several  persons  have  been  indicted 
for  acts  done  while  in  the  service  of  the  United  States  as  guides,  but  have  been  released  by 
the  military. 

Question.  What  chances  have  the  freedmen  of  obtaining  justice  in  the  State  courts  ? 

Answer.  I  do  not  think  good,  although  it  has  not  yet  been  fairly  tried.  The  first  organi 
zation  of  the  counties  with  which  I  am  most  familiar,  the  loyal  men  obtained  control,  and  they 
are  as  well  disposed  towards  the  blacks  as  any  other  people.  In  the  counties  organized  after 
Lee's  surrender,  where  the  disloyal  obtain*ed  control,  the  Freedmen's  Bureau  has  taken 
charge  of  the  matter. 

Question.  Have  you  any  idea  that  a  jury  could  be  called  in  Virginia  that  would  convict 
any  of  the  ringleaders  of  the  rebellion? 

Answer.  No  ;  I  do  not  think  you  could  get  a  jury  in  the  State  to  convict  any  one  of  treason, 
unless  unfair  means  were  used  in  obtaining  it. 


WASHINGTON,  D.  C.,  January  31, 1866. 

George  Tucker  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Alexandria,  Virginia. 

Question.  Are  you  a  native  of  Virginia? 

Answer.  I  am  not ;  I  am  a  native  of  New  Hampshire. 

Question.  How  long  have  you  resided  in  Virginia  ? 

Answer.  I  have  been  in  Virginia  most  of  the  time  for  the  last  four  years. 

Question.  What  has  been  your  occupation  in  Virginia  during  that  time? 

Answer.  I  have  been  practicing  law  in  Alexandria  and  Fairfax  counties.  I  am  common 
wealth  attorney  of  Fairfax  county ;  I  commenced  the  practice  of  the  law  in  these  counties 
in  the  spring  of  1863 ;  I  came  out  as  an  officer  in  the  army  in  the  first  place. 

Question.  How  extensive  is  your  knowledge  of  the  state  of  public  feeling  in  Virginia? 

Answer.  My  personal  knowledge  of  the  state  of  public  feeling  in  Virginia  only  extends  to  the 
counties  of  Alexandria  and  Fairfax,  but  I  have  had  pretty  extensive  correspondence  through 
out  almost  all  parts  of  the  State. 

Question.  You  have  had  good  opportunities  to  know  the  condition  of  public  feeling 
throughout  the  State  ? 

Answer.  I  think  I  have. 

Question.  How  is  it  in  regard  to  the  government  of  the  United  States  ? 

Answer.  The  opinion  of  a  large  majority  of  the  people  of  Virginia  is,  that  they  have  no 
respect  for  the  government  of  the  United  States.  I  have  heard  leading  men  among  them 
say  that  they  had  no  respect  for  the  government  of  the  United  States  ;  that  they  were  subjects, 
conquered,  but  that  they  had  no  respect  for  the  government,  and  that  the  time  would  come 
when  the  east  and  the  west  would  disagree,  and  when  the  south  would  have  sufficient  power  to 
achieve  its  purposes.  That  is  a  very  prevalent  idea  among  them.  It  is  also  a  prevalent  idea 
among  them  that  in  their  rebellion  they  made  a  mistake  in  regard  to  seceding ;  that  if  they 
had  revolutionized,  as  they  now  say,  they  would  have  succeeded,  and  that  if  there  be  any 
further  difficulty  it  will  be  a  revolution  and  not  a  secession.  Secession  was  a  mistake. 

Question.  You  are  a  lawyer,  and  can  give  us  the  difference  between  secession  and  revolu 
tion  as  understood  by  the  Virginians. 

•  Answer.  As  understood  by  them  it  is  this  :  that  if  they  had  revolutionized,  it  would  have 
been  a  general  thing  throughout  the  Union;  would  have  extended  its  ramifications  all  over 
the  country ;  have  had  friends  all  over  the  country,  and  would  have  fought  under  the  colors 
of  the  nation,  so  that  it  would  have  been  a  national  movement,  and  a  struggle  between  them, 
aided  by  those  thinking  like  them,  and  the  national  power  all  over  the  United  States. 

Question.  So  that  if  it  had  succeeded  it  would  have  amounted  to  a  usurpation? 

Answer.  To  a  usurpation;  and  my  judgment,  founded  on  what  I  have  seen  and  heard,  is, 
that  it  is  a  favorite  object  with  them  to  destroy  the  United  States  government  whenever  an 
opportunity  shall  present  itself. 

Question.  Do  they  foresee  any  particular  method  of  getting  at  it  just  now? 

Answer.  I  think  that  in  that  respect  they  are  somewhat  in  the  condition  of  the  man  who 
was  waiting  for  something  to  turn  up  ;  but  in  my  judgment,  in  the  case  of  any  foreign  war, 
if  they  could  see  any  reasonable  hope  of  success,  by  joining  their  forces  and  power  with  a 
foreign  government,  they  would  do  it ;  and  if  they  did  not  do  it  collectively,  they  would 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  23 

do  it  very  extensively,  as  individuals.  That  is  to  say,  I  believe  that,  as  at  present  organized, 
and  even  as  at  present  governed  by  provisional  governments,  they  would  be  a  source  of 
weakness  to  the  national  power. 

Question.  Have  you  heard  that  particular  subject  spoken  of  by  rebels  of  position  and  in 
fluence  ? 

Answer.  The  subject  was  broached  in  a  conversation  I  had  with  one  of  them,  but  of  course 
there  was  no  plain  statement  made  of  what  they  would  do.  The  subject  came  up  in  the 
course  of  conversation  in  regard  to  the  present  state  of  affairs  in  Mexico.  The  gentleman 
with  whom  I  was  talking  is  one  of  the  most  respectable  of  the  returned  rebels  whom  I  have 
met.  He  was  one  of  that  class  who  were  Union  men  at  the  commencement.  Although  he 
believed  in  the  right  of  secession,  he  did  not  believe  that  they  had  occasion  for  it ;  or,  rather, 
he  was  one  of  that  numerous  class  in  Virginia,  and  I  presume  in  the  rest  of  the  south,  who 
did  not  believe  that  at  that  time  they  ought  to  secede,  but  that  they  ought  to  wait  for  an 
overt  act,  as  they  called  it,  on  the  part  of  the  general  government.  I  would  not  have  a  legal 
right  to  infer  what  I  did  infer  from  the  remarks  he  made,  but  I  inferred,  that  if  a  war  should 
spring  up  now  between  us  and  Trance,  it  was  his  judgment  they  would  be  a  source  of  weak 
ness  to  us.  I  do  not  think  that  he  personally  would  be  on  that  side  ;  but  others,  of  equal 
intelligence  and  more  bitterness,  say  that  they  have  not  the  slightest  respect  for  the  na 
tional  government — that  we  have  not  any  national  government.  Others  say,  and  I  have 
heard  them,  that  they  are  among  the  number  of  those  who  look  upon  emancipation  as  an 
outrage,  and  who  believe  that  slavery  will  be  reinstated.  Of  course  it  cannot  be  reinstated 
without  force  and  opposition  to  the  Constitution  and  laws  of  the  United  States.  In  the  course 
of  my  practice  in  Fairfax  county,  where  I  am  the  attorney  for  the  commonwealth  under  the 
reorganized  government,  which,  a  year  ago,  we  were  taught  to  consider  loyal  and  good,  I 
found  a  great  difficulty  in  getting  anybody  punished  who  was  a  secessionist,  or  a  sympa 
thizer  with  secessionists,  and  who  had  committed  any  depredation  upon  a  Union  man.  We 
had  one  capital  case — a  case  of  murder — where  a  Union  man  was  killed  by  a  fellow  who  had 
been  in  Mosby's  gang — a  noted  guerilla.  He  was  one  of  that  class  of  men  who  would  go  on 
both  sides.  He  had  deserted,  for  some  cause,  from  Mosby,  and  had  acted  with  us  for  awhile, 
giving  information,  but  his  feeling  as  a  rebel  was  not  changed.  This  fellow  murdered  a  man 
at  the  village  of  Falls  Church.  It  was  a  clear  case  of  deliberate  murder.  The  man  who  was 
murdered  was  a  Union  man,  and  he  and  others  were  talking  of  the  subject  of  the  Union.  It 
was  directly  after  the  re-election  of  Mr.  Lincoln,  and  that  was  the  subject  of  conversation 
between  the  deceased  and  several  other  gentlemen  on  the  front  stoop  of  a  store  there.  This 
man  drove  up  and  heard  some  of  the  conversation.  He  immediately  came  upon  the  stoop, 
and  in  a  very  violent  manner  threatened  one  of  the  men  in  conversation.  They  were  in  the 
position  of  two  men  about  to  fight,  when  this  man,  Porter,  who  was  killed,  interfered.  He 
had  at  the  time  a  very  sore  thumb,  with  his  arm  slung  up.  There  was  a  grudge  between 
them  on  account  of  general  politics.  Porter  interfered  by  stepping  up  and  touching  the 
party  who  finally  killed  him,  with  his  elbow,  and  saying,  "Don't  let  us  have  any  figlrting 
here."  The  other  fellow  turned  around,  with  an  oath,  and  demanded  to  know  if  he  took  it 
up.  I  suppose  Porter  noticed  that  there  was  danger.  He  stepped  back  and  said,  no,  he 
didn't  take  it  up.  The  tellow  immediately  drew  his  pistol  for  the  apparent  purpose  of  shoot 
ing  him,  when  he  was  interfered  with  by  other  parties.  After^  disengaging  himself  he  went 
around  where  he  could  get  a  fair  shot  at  the  man,  and  he  shot*  him,  so  that  he  died  in  a  few 
hours.  On  the  trial  of  that  case,  which  was  made  very  plain,  we  had  a  jury,  unfortunately, 
consisting  of  men  who  had  sympathized  with  the  rebellion.  There  was  but  one  Union  man 
on  the  jury.  They  were  men  of  comparatively  good  standing,  in  other  respects,  in  the  com 
munity.  They  refused  to  find  a  verdict  of  guilty  of  murder  in  any  degree,  and  eleven  in 
sisted  upon  an  acquittal.  The  one  Union  man,  however,  would  not  agree  to  that,  and  the 
eleven  thinking,  I  suppose,  that  it  was  safer,  finally  brought  in  a  verdict  of  manslaughter. 
According  to  the  provisions  of  Virginia  law,  the  juries,  in  such  cases,  are  allowed  to  pre 
scribe  the  amount  of  imprisonment,' and  they  made  it  one  year.  That  .was  the  result  of  that 
kind  of  trial  before  that  kind  of  jury.  When  I  tell  you  that  Fairfax  county  is  the  best  county 
in  the  State  ot  Virginia,  so  far  as  Unionism  is  concerned;  so  far  as  the  influence  of  northern 
men  is  concerned ;  so  far  as  loyalty  to  the  government  is  concerned,  you  can  draw  your  in 
ference  in  regard  to  the  resi  of  the  State.  The  fact  is,  that  Fairfax  county  has  been  the 
(Bounty  where  a  great  many  northern  men  have  settled.  At  the  time  of  the  breaking  out  of 
the  war,  there  were  nearly  two-fifths  of  the  population  northern  people. 

Question.  What  is  the  feeling  towards  the  freedmen  on  the  part  of  these  ex-rebels  ? 

Answer.  It  is  very  malignant.  The  freed  man  before  any  of  their  juries  stands  no  chance 
of  obtaining  his  rights,  although  he  Avill  stand  as  good  a  chance  as  a  Yankee  will,  or  as  a 
native-born  citizen  of  Virginia  who  has  been  a  loyal  man.  The  latter  even  stand  a  worse 
chance.  These  men,  all  of  them,  will  be  compelled  to  leave  the  State,  just  so  soon  as  they 
cease  to  be  protected  by  the  national  power.  They  cannot  stay  there.  I  am  intimately 
acquainted  with  the  Union  men  of  Fairfax  county,  necessarily,  and  I  do  not  know  one  of 
them  who  does  not  feel  that  he  has  got  to  leave.  I  know  that  almost  all  of  them  are  pre 
paring  now  to  leave,  and  it  it  were  possible  for  them  to  sell  their  lands,  even  at  a  large  sacri 
fice,  they  would  do  so  and  leave.  I  have  a  nretty  good  opportunity  to  know  that,  from  the 
fact  that  some  months  ago,  when  we  hoped  for  a  different  state  of  affairs,  I  undertook  to  act 


24  RECONSTRUCTION. 

as  agent  there  to  sell  lands ;  and  the  lands  of  these  people  are  nearly  all  for  sale.  They  feel 
that  they  must  leave  the  country. 

Question.  What  does  this  arise  from — from  a  feeling  of  insecurity? 

Answer.  Yes,  sir ;  if  they  understood  that  they  would  be  surely  protected  in  their  natural 
and  political  rights  they  would  not  only  remain,  but  if  a  territorial  government  was  given  to 
us  wo  should  have  a  tremendous  rush  of  immigration,  and  it  would  be  for  a  little  while  only 
that  it  would  be  necessary  for  the  general  government  to  make  any  special  protection  for  us, 
especially  if  we  had  equal  suffrage.  We  do  not  feel  afraid  of  the  suffrage  of  the  negroes  ; 
we  do  not  feel  afraid  that  they  would  give  their  votes  to  their  old  masters. 

Question.  In  case  the  negroes  were  allowed  to  vote,  would  they  not  be  likely  to  be  con 
trolled  by  their  old  masters,  and  vote  in  his  interest  and  according  to  his  dictation  and 
desire  ? 

Answer.  I  presume  that  would  be  true  to  a  certain  extent,  and  in  certain  localities ;  but 
these  colored  people  who  have  mixed  with  northern  men  would  be  controlled  by  them.  I 
infer  that  our  influence  over  the  negro  would  be  far  greater  than  that  of  the  rebels.  Proba 
bly  on  some  plantations  in  the  more  southern  States  the  masters  might  have  an  influence  over 
the  freedmen  for  the  time  being,  but  we  do  not  feel  any  danger  in  Virginia  in  that  respect.  I 
think  there  is  no  difficulty  in  reaching  them,  and  especially  if  we  can  have  a  territorial 
government  long  enough  to  let  the  freedmen  get  a  little  education,  which  they  are  very 
anxious  to  get. 

Question.  How  do  the  Union  men  feel  in  regard  to  the  policy  of  Mr.  Johnson,  in  granting 
pardons  so  liberally  ? 

Answer.  They  do  not  approve  of  it,  and  never  have  approved  of  it. 

Question.  Is  the  present  government  of  Virginia  generally  acceptable  to  the  people  of  that 
State? 

Answer.  It  is  acceptable  to  those  who  were  active  in  the  rebellion. 

Question.  But  is  it  acceptable  to  the  Union  men? 

Answer.  It  is  very  unacceptable.  They  consider,  in  fact,  that  the  government,  as  it  was 
reorganized,  and  out  of  which  grew  West  Virginia,  is  entirely  destroyed,  and  that  that  has 
been  done  by  disregarding  the  constitutional  provision  made  by  the  convention  at  Alexan 
dria  ;  though  I  am  of  the  opinion  that  even  with  the  provisions  of  that  constitution,  the 
white  Unionists  could  not  have  sustained  themselves  against  the  influence  of  overpowering 
numbers.  They  legislate  now  without  the  slightest  regard  to  that,  and  are  there  without 
having  taken  the  oaths  required  by  that  constitution.  They  have  been  elected  by  men  who 
were  disfranchised  by  that  constitution;  and  this  has  been  done  by  the  approval  and  assist 
ance  of  Governor  Peirpoint,  whom  we  consider  an  apostate.  He  was  advised  to  it,  as  I  am 
credibly  informed,  by  a  man  who,  it  seems  to  me,  has  more  influence  in  this  city  than  he 
ought  to  have,  Vho  never  did  anything  for  the  benefit  of  the  Union  till  after  the  surrender — 
I  mean  John  Minor  Botts.  The  Union  people  feel  all  this  very  much,  especially  those  native- 
born  Virginians  who  risked  their  lives  and  property,  and  everything,  in  order  that  the  nation 
might  not  be  hurt. 

Question.  What  effect  has  the  liberal  policy  of  President  Johnson  exerted  over  the  public 
mind  of  Virginia,  whether  upon  rebels  or  Unionists  ?  » 

Answer.  The  effect  upon  Unionists  has  been  to  discourage  them ;  it  makes  them  doubt 
whether  they  are  going  to  bo  protected  hereafter;  it  makes  them  feel  as  though  those  who 
had  been  against  the  government  during  the  war  were  more  sought  after  and  more  cared  for 
than  they,  and  that  they  would  continue  to  be  in  their  power.  The  effect  of  it  is  this,  that 
many  who  were  Union  men,  and  who  desired,  when  the  fall  of  Richmond  came,  to  have  it 
known  that  they  were  Union  men,  are  now  afraid  to  have  it  known  that  they  were  loyal. 
They  feel  that  they  must  deny  their  master.  On  the  other  hand,  that  policy  makes  the  rebels 
impudent,  exacting,  intolerant,  boasting,  and  vainglorious.  That  is  the  effect  of  it. 

Question.  On  the  whole,  do  you  think  that  that  policy  has  done  any  good  ? 

Answer.  I  would  say  this :  that  if  it  had  been  intended,  and  was  acted  upon,  as  an  experi 
ment  to  ascertain  the  animus  of  the  people,  it  may  have  had  a  good  effect  in  that  way  ;  but 
having  ascertained  that  animus,  the  further  practice  of  the  policy,  it  seems  to  me,  should 
stop. 

Question.  You  think  the  experiment  has  been  fully  tried? 

Answer.  I  do,  certainly ;  and  it  has  proved  a  failure,  unless  it  were  for  the  purpose  of 
ascertaining  what  effect  it  would  have.  My  own  opinion  always  has  been,  and  still  is,  that 
they  should  have  been  treated  as  rebels,  and  should  have  been  made  to  feel  that  to  be  a  rebel 
was  dishonorable  ;  that  they  have  lost  their  caste  among  men,  and  the  leaders  ought  to  have 
been  made  to  feel  that  they  were,  and  ought  to  be,  outcasts. 

Question.  Do  they  exhibit  any  such  feeling  now  ? 

Answer.  Not  the  slightest.  They  claim  that  they  acted  honorably  and  well.  They  act 
in  all  their  movements  upon  the  principle  that  those  who  took  the  most  active  part  in  the 
rebellion  should  be  first  cared  for  in  the  way  of  civil  offices,  or  anything  of  that  kind. 
Their  legislature  has  already  proposed  to  pension  the  widow  of  Stonewall  Jackson. 

Question.  You  mean  the  legislature  of  Virginia  ? 

Answer.  Yes;  I  said  "their"  legislature,  because  it  is  theirs;  it  is  not  ours ;  they  have 
proved  that.  They  say  that  Lee  shall  be  the  next  governor  of  Virginia,  and  they  even  think 
that  he  ought  to  run  for  President. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  25 

Question.  Do  you  know  of  anything-  else  you  wish  to  state  to  the  committee  ? 

Answer.  I  cannot  think  of  anything  particular. 

Question.  What  would  be  the  fate  of  the  freedmen  in  case  the  Freedmen's  Bureau  was 
abolished  and  the  federal  forces  withdrawn  ? 

Answer.  They  would  be  in  a  worse  state  of  slavery  than  ever  before — those  that  remain. 

Question.  Would  they  be  suffered  to  remain  in  the  country  ? 

Answer.  I  do  not  think  they  would,  as  a  general  thing,  unless  they  remained  as  servants, 
subject  to  the  absolute  rule  of  the  whites.  They  have  not  any  idea  of  prosecuting  white 
men  for  offences  against  colored  people ;  they  do  not  appreciate  the  idea.  I  do  not  think,  and 
have  not  thought  for  two  years,  that  there  is  any  way  to  reach  these  people  except  for  the 
government  to  take  control  of  the  country  and  give  perfect  security  to  all  loyal  people  so  as 
to  repopulate  the  country. 

Question.  In  such  a  case  as  that,  there  must  be  an  exodus  of  rebels  ? 

Answer.  There  would  probably  be  a  great  exodus  of  rebels  if  we  took  stronger  measures. 

Question.  Would  that  be  injurious  to  the  material  prosperity  of  the  State? 

Answer.  I  do  not  think  it  would  be  injurious  to  the  material  industry  of  the  country ;  I 
think,  on  the  contrary,  it  would  be  beneficial,  and  for  this  reason :  They  feel  a  great  repug 
nance  to  northern  enterprise,  and  will  use  all  their  influence  to  keep  it  out,  and  their  influence 
is  great,  for  the  people  of  that  country  have  been  always  subject  to  their  leaders,  obeying 
their  orders  as  much  as  soldiers  obey  military  orders.  To  see  any  northern  capital  come  in 
there  and  set  up  industrious  pursuits,  manufactures,  or  anything  of  that  kind,  so  as  to  increase 
immigration  from  the  north,  is  distasteful  to  them,  and  they  will  do  everything  to  prevent  it. 
The  action  of  the  legislature  shows  that  in  its  proposition — to  make  a  five  years'  residence 
necessary  for  voting. 

Question.  How  does  that  measure  stand  in  the  legislature  ? 

Answer.  I  understand  they  have  amended  it  so  as  to  reduce  the  term  to  two  years.  The 
constitution  which  the  loyal  men  made-  before  the  breaking  up  of  the  confederacy  provided 
for  one  year's  residence  only,  as  is  usual  in  other  States.  They  are  going  on  to  legislate 
without  reference  to  that  constitution  at  all. 

Question.  They  do  not  regard  the  constitution  formed  at  Alexandria  as  of  any  force  ? 

Answer.  They  do  not  seem  to. 

Question.  Is  it  not  under  that  constitution  the  legislature  is  assembled  ? 

Answer.  Yes,  so  far  as  the  form  is  concerned. 

Question.  They  disregard  the  provisions  of  the  constitution  ? 

Answer.  They  discard  its  provisions  in  many  respects.  There  is  one  simple  provision  in 
it  providing  for  a  change  by  the  legislature  in  one  particular  item  ;  they  make  that  a  stepping- 
stone  and  an  excuse  to  do  pretty  much  as  they  have  a  mind  to  with  the  constitution. 

Question.  What  is  that  item? 

Answer.  It  was  in  reference  to  the  disfranchisement  of  a  certain  portion  of  the  population. 
The  constitution  made  two  different  classes  of  disfranchised  persons,  and  provided  that  the 
legislature  might  enfranchise  one  of  these  classes  ;  that,  I  think,  was  the  extent  of  the  provi- 
sion.  They  make  good  use  of  that  clause.  I  do  not  think  of  any  other  items  at  this  time. 


WASHINGTON,  January  31,  1866. 

Lysander  Hill  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Alexandria. 

Question.  What  is  your  occupation? 

Answer.  I  am  a  lawyer. 

Question.  How  long  have  you  resided  in  Alexandria? 

Answer.  I  have  resided  in  Alexandria  for  two  or  three  years. 

Question.  Of  what  State  are  you  a  citizen  ? 

Answer.  Virginia. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir ;  I  am  a  native  of  Maine. 

Question.  What  have  been  your  opportunities  to  observe  the  state  of  public  feeling  in 
Virginia  since  the  close  of  hostilities  in  regard  to  the  government  of  the  United  States  7 

Answer.  I  have  made  it  something  of  a  study  to  observe  the  state  of  feeling  there ;  and 
while  I  have  been  confined  for  the  most  part,  in  my  own  observations,  to  the  city  of  Alex 
andria,  yet  I  have  seen  a  great  many  persons  from  all  parts  of  the  State. 

Question.  Have  you  seen  persons  from  the  southern  and  eastern  parts  of  the  State  ? 

Answer.  Yes ;  I  have  seen  persons  from  all  parts  of  the  State. 

Question.  What  is  the  general  state  of  feeling  on  the  part  of  the  rebel  portion  of  the  State 
of  Virginia  towards  the  government  of  the  United  States — friendly  or  unfriendly? 

Answer.  I  think  it  is  very  unfriendly.  There  are  very  few,  indeed,  of  those  who  are  rebels, 
who  would  accept  the  present  state  of  affairs  and  go  in  honestly  with  a  reconstructed  State 


2  6  RECONSTRUCTION. 

government ;  but  the  majority  of  them  are  just  as  bitter  and  more  bitter  than  they  were  when 
actual  hostilities  were  going  on. 

Question.  What  has  produced  that  increase  of  bitterness  ? 

Answer.  I  think  that  the  lenient'  course  of  the  government  towards  them  has  tended  to 
produce  it.  The  abolition  of  all  restrictions  on  the  elective  franchise,  admitting  those  who 
were  rebels  to  come  in  to  a  full  participation  in  thtfelective  privileges,  has  made  them  a  great 
deal  worse  than  they  were  before. 

Question.  From  what  source  has  that  relaxation  proceeded? 

Answer.  It  has  proceeded  really  from  Governor  Peirpoint  Peirpoint  engineered  the  matter 
after  he  went  to  Richmond. 

Question.  Is  there  no  limitation  in  Virginia  of  the  right  of  rebels  to  vote? 

Answer.  Not  in  the  slightest. 

Question.  And  has  the  present  legislature  been  elected  without  reference  to  the  distinction 
between  loyal  and  disloyal  citizens  ? 

Answer.  Yes,  sir;  elected  almost  unanimously  by  rebels. 

Question.  Then  the  legislature  is  a  rebel  legislature  ? 

Answer.  It  is  a  rebel  legislature  emphatically. 

Question.  And  that  character  has  arisen  from  the  policy  of  Governor  Peirpoint,  you  think? 

Answer.  There  is  no  doubt  of  it  at  all. 

Question.  What  restrictions  or  qualifications  does  the  Alexandria  constitution  contain  in 
regard  to  the  right  of  voting  ? 

Answer.  The  Alexandria  constitution  imposed  certain  restrictions  on  the  right  of  voting 
and  holding  office.  Article  III  of  the  constitution  reads  as  follows : 

"QUALIFICATION  OF  VOTERS. 

"SEC.  I.  Every  white  male  citizen  of  the  commonwealth  of  the  age  of  twenty-one  years 
who  has  been  a  resident  of  the  State  for  one  year  and  of  the  county,  city,  and  town  where 
he  offers  to  vote,  for  six  months  next  preceding  an  election,  and  who  has  paid  all  taxes 
assessed  to  him  after  the  adoption  of  this  constitution  under  the  laws  of  the  commonwealth, 
after  the  reorganization  of  the  county,  city,  or  town  where  he  offers  to  vote,  shall  be  qualified 
to  vote  for  members  of  the  general  assembly  and  all  officers  elective  by  the  people  :  Provided, 
however,  That  no  one  shall  be  allowed  to  vote  who,  when  he  offers  to  vote,  shall  not  thereupon 
take,  or  shall  not  before  have  taken,  the  following  oath : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United  States 
and  the  laws  made  in  pursuance  thereof  as  the  supreme  law  of  the  laud,  anything  in  the 
constitution  or  laws  of  the  State  of  Virginia,  or  in  the  ordinances  of  the  convention  that 
assembled  in  Virginia  on  the  13th  day  of  February,  1861,  to  the  contrary  notwithstanding; 
and  that  I  will  uphold  and  defend  the  government  of  Virginia  as  restored  by  the  convention 
which  assembled  at  Wheeling  on  the  llth  day  of  June,  1861;  and  that  I  have  not,  since 
the  1st  day  of  January,  1864,  voluntarily  given  aid  or  assistance  in  any  way  to  those  in 
rebellion  against  the  government  of  the  United  States  for  the  purpose  of  promoting  the  same. 

"But  the  legislature  shall  have  power  to  pass  an  act  or  acts  prescribing  means  by  which 
persons  who  have  been  disfranchised  by  this  provision  shall  or  may  be  restored  to  he  rights 
of  voters  when,  in  their  opinion,  it  would  be  safe  to  do  so.  Any  person  falsely  so  swearing 
shall  be  subject  to  the  penalties  of  perjury. 

"  No  person  shall  hold  any  office  under  this  constitution  who  shall  not  have  taken  and 
subscribed  the  oath  aforesaid ;  but  no  person  shall  vote  or  hold  office  under  this  constitution 
who  has  held  office  under  the  so-called  confederate  government  or  under  any  rebellious  State 
government,  or  who  has  been  a  member  of  the  so-called  confederate  congress,  or  a  member 
of  any  State  legislature  in  rebellion  against  the  authority  of  the  United  States,  excepting 
therefrom  county  offices." 

Question.  State  what  has  been  done  under  that  provision  of  the  constitution. 

Answer.  This  was  the  provision  of  the  Alexandria  constitution  which  was  adopted  in  April, 
1864,  and  is  the  fundamental  law  of  the  State.  The  legislature  which  was  in  existence  at 
the  time  of  the  surrender  of  Lee  consisted  of  about  twenty  members  altogether.  As  soon  as 
Governor  Peirpoint  got  to  Richmond  and  had  time  to  communicate  with  the  leading  Virgin 
ians,  chiefly  of  the  rebel  persuasion,  he  sent  around  to  the  members  of  the  legislature  asking 
them  to  meet  him  in  Richmond  to  consult  with  him  in  regard  to  the  state  of  public  affairs.  After 
they  went  to  Richmond  he  issued  a  call  for  an  extraordinary  session  of  the  legislature.  That 
legislature  met  at  Richmond  on  the  20th  or  21st  of  June  last,  and  immediately  repealed  all 
restrictions  upon  voting  and  referred  it  to  the  people  at  the  next  election  whether  the  legislature 
which  next  met  should  not  be  clothed  with  power  to  repeal  all  restrictions  upon  holding  office 
or  upon  amending  the  constitution.  All  restrictions  having  been  taken  away  from  voting, 
power  was  given  almost  unanimously  to  the  legislature  that  is  next  to  convene  to  alter  or 
amend  that  article  of  the  constitution.  The  legislature  that  has  just  assembled  at  Richmond 
this  winter  has  considered  itself  clothed  with  full  power  to  do  this,  and  has  proceeded  to  make 
such  amendments  as  they  considered  necessary.  These  amendments  have  been  to  abolish 
all  restrictions  upon  holding  office  or  voting,  growing  out  of  the  rebellion.  In  electing  mem 
bers  of  that  legislature  I  may  say  that  the  first  qualification  throughout  the  State  was  that 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  27 

the  candidate  should  have  been  actively  and  warmly  engaged  in  the  rebellion  against  the 
government  of  the  United  States  ;  any  person  who  put  himself  upon  his  record  of  loyalty  was 
sure  to  be  defeated.  The  condition  of  the  people  as  regards  obedience  to  the  government  of 
the  United  States  has  been  growing  gradually  worse  since  the  surrender  of  Lee  ;  and  it  has 
been  rapidly  growing  worse,  I  think,  since  the  legislature  met  at  Richmond. 

Question."  What  effect  has  the  President's  liberality  in  extending  pardons  and  amnesty  to 
the  rebels  had  upon  the  rebel  community  in  Virginia  ? 

Answer.  It  has  had  the  same  effect  in  character  as  the  repeal  of  the  restrictions  upon  suf 
frage  and  voting.  It  has  tended  to  produce  upon  the  minds  of  the  late  rebels  in  Virginia  the 
idea  that  they  can  split  the  Union  party  of  the  country,  and  array  President  Johnson  and  cer 
tain  classes  of  the  Union  party  with  him  in  opposition  to  that  party  which  did  the  actual  and 
effective  work  in  carrying  on  the  war.  They  are  going  to  form  an  extensive  alliance  with 
the  copperheads,  and  to  combine  to  confiscate  the  government  of  the  United  States.  That  is 
the  idea  they  have.  They  have  learned  to  regard  President  Johnson  as  a  natural  ally  of 
theirs  against  the  republican  party.  • 

Question.  Have  you  ever  seen  any  of  them  who  have  talked  with  the  President  about 
that? 

Answer.  I  do  not  recollect  that  I  have. 

Question.  How  do  they  feel  about  a  foreign  war  ? 

Answer.  There  is  a  small  party  among  the  old  men,  I  suppose,  who  would  do  nothing  in 
case  of  foreign  war  ;  and  they  might  perhaps  advise  others  to  do  nothing,  but  the  great  ma 
jority  of  the  active  men,  the  young  men,  would  try  to  assist  any  foreign  nation  at  war  with 
us.  I  have  no  doubt  that,  in  the  event  of  a  foreign  war,  the  first  thing  a  foreign  power 
would  do  would  be  to  send  emissaries  among  them  who  would  find  material  ready  for  use, 
plenty  of  it.  I  do  not  know  that  I  have  heard  any  of  them  express  that  sentiment  boldly, 
but  I  have  heard  of  their  expressing  such  sentiments,  that  they  were  desirous  of  a  foreign 
war. 

Question.  Is  the  organization  known  as  the  Knights  of  the  Golden  Circle  in  vogue  in  any 
part  of  Virginia  ? 

Answer.  If  it  is  it  is  secret. 

Question.  Do  you  know  of  the  rebels  entertaining  any  plan  of  reviving  the  rebellion  in  any 
form  whatever  ? 

Answer.  A  great  many  threaten  to  revive  it  in  the  same  old  form.  They  intend  to  revive 
it  in  Congress,  and  in  the  administration  of  the  country,  if  they  ever  get  the  opportunity. 
They  are  just  as  hostile  and  more  hostile  to  the  government  of  the  United  States  to-day  than 
they  were  a  year  ago.  They  know  that  their  military  power  is  broken,  and  that  is  all  the 
difference. 

Question.  Have  they  got  any  arms  or  military  facilities  at  all  in  case  of  an  outbreak  ? 

Answer.  Not  to  any  great  extent.  There  is  a  quantity  of  arms,  of  course,  all  through  the 
south,  but  not  to  such  an  extent  as  before  the  rebellion. 

Question.  Have  you  any  grounds  to  suppose  that  there  is  any  concert  between  the  leaders 
of  the  rebellion  now  existing,  having  in  view  a  renewal  of  the  war,  or  an  attempt  to  get  out 
of  the  Union  ? 

Answer.  I  should  not  suppose  there  was  a  concert  with  a  view  of  getting  out  of  the  Union, 
but  I  would  have  fears  in  case  of  a  foreign  war. 

Question.  Are  you  a  practicing  lawyer  ? 

Answer.  Yes  ;  and  I  have  made  it  a  special  study  to  examine  the  feelings  of  these  people 
since  I  have  been  in  Alexandria.  I  have  had  a  great  deal  of  curiosity  to  know  what  their 
feelings  were,  and  what  changes  have  been  going  on.  I  have  tried  to  induce  immigration 
there,  in  the  hope  of  changing  public  sentiment  in  that  way ;  and  I  have  been  obliged,  of 
course,  to  understand  the  feelings  of  the  people  in  order  to  talk  with  the  persons  who  were 
coming  from  the  north,  and  who  would  ask  me  a  great  many  questions.  I  have  probably 
seen  hundreds  coming  here  with  a  view  of  settling,  and  have  been  obliged  to  answer  their 
questions  and  give  them  information,  and  I  am  constantly  looking  out  for  .that  information. 

Question.  Do  you  suppose  it  is  safe  for  northern  men  to  go  into  Virginia  for  the  purpose 
of  settlement  ? 

Answer.  At  present,  in  some  parts  of  Virginia,  if  they  will  ignore  all  political  ideas  and 
simply  attend  to  the  cultivation  of  their  land,  they  may  remain  there. 

Question.  Suppose  they  do  not  ignore  or  suppress  their  Union  sentiments? 

Answer.  Then  I  would  not  want  to  advise  any  one  to  go  to  Virginia. 

Question.  Has  your  acquaintance  extended  beyond  Virginia  into  the  other  rebel  States? 

Answer.  No,  sir ;  except  as  derived  from  the  public  prints  and  from  gentlemen  who  have 
been  there. 

Question.  Is  there  any  further  statement  that  you  wish  to  make  ? 

Answer.  I  do  not  think  of  any. 


2  8  RECONSTRUCTION. 

WASHINGTON,  January  31,  1866. 
Josiah  Millard  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  your  reside? 

Answer.  Alexandria,  Virginia. 

Question.  Of  what  State  are  you  a  native  ? 

Answer.  I  am  a  native  of  Massachusetts. 

Question.  How  long  have  you  resided  in  Alexandria  ? 

Answer.  For  three  years  past.     I  have  been  in  the  State  of  Virginia  nine  or  ten  years. 

Question.  What  is  your  occupation  ? 

Answer.  I  am  now  assessor  of  internal  revenue  for  the  third  district  of  Virginia. 

Question.  What  counties  does  your  district  include? 

Answer.  Alexandria,  Fairfax,  Prince  William,  Lo"udon,  Clark,  Shenaudoah,  Frederick, 
Warren,  and  other  counties. 

Question.  You  must  be  quite  well  acquainted  with  the  state  of  public  feeling  in  your  col 
lection  district? 

Answer.  Tolerably  well. 

Question.  Is  it  loyal  or  friendly  to  the  government  of  the  United  States  ? 

Answer.  No,  sir,  except  a  very  small  proportion  compared  with  the  population. 

Question.  About  what  proportion  ? 

Answer.  The  original  Union  men,  who  were  favorable  to  the  government  from  the  com 
mencement,  are  about  one  out  of  twenty — perhaps  hardly  that. 

Question.  Were  you  residing  in  Alexandria  during  the  war  ? 

Answer.  No,  sir ;  I  was  residing  in  Loudon  county.  I  was  taken  prisoner  by  the  rebels 
on  the  28th  of  May,  1861.  I  was  the  first  prisoner  taken  in  Virginia. 

Question.  What  effect  had  the  emancipation  proclamation  upon  the  rebels  ? 

Answer.  They  did  not  think  it  had  any  effect  at  all.  They  did  not  think  it  would  ever  be 
executed. 

Question.  Did  they  look  upon  it  as  a  pleasant  proceeding  on  the  part  of  Mr.  Lincoln  1 

Answer.  They  looked  upon  it  as  something  that  could  not  be  maintained. 

Question.  As  if  it  was  the  "  Pope's  bull  against  the  comet  ?" 

Answer.  Yes,  sir. 

Question.  How  did  they  like  the  fact  that  their  slaves  were  all  emancipated  ? 

Answer.  They  did  not  like  it  at  all.  They  protested  against  it  to  the  very  last,  and  some 
of  them  in  the  country  now  are  trying  their  very  best  to  make  the  colored  men  believe  that 
they  are  still  theirs  ;  that  they  are  not  free. 

Question.  Have  you  ever  occupied  any  other  public  station  than  you  now  hold  ? 

Answer.  No,  not  in  Virginia. 

Question.  How  do  the  rebel  people  feel  in  regard  to  the  preservation  of  the  government  of 
the  United  States  ?  Are  they  willing  to  pay  the  taxes  necessary  to  preserve  it  and  carry 
it  on? 

Answer.  It  is  with  great  reluctance  that  they  pay  their  taxes. 

Question.  Suppose  they  had  it  in  their  power,  would  they  abolish  all  taxes  to  pay  the 
national  debt? 

Answer.  Yes,  sir,  unanimously  so.  I  do  not  think  there  would  be  one  dissenting  voice 
among  them.  I  have  heard  it  repeatedly. 

Question.  Would  they  consent  to  contribute  their  proper  share  to  the  payment  of  the  rebel 
debt  if  they  had  the  opportunity  ? 

Answer.  I  think  they  would.     They  simply  claim  that  they  are  loyal  now  from  necessity. 

Question.  Suppose  that  necessity  was  taken  off  ? 

Answer.  To  illustrate  what  I  believe  to  be  the  general  feeling  among  the  rebels,  I  will 
state  a  conversation  I  had  with  one  of  the  leading  ones  the  other  day.  He  said  to  me,  "Sir, 
I  entered  into  this  thing  in  good  faith.  I  honestly  believed  it  to  be  right,  I  now  propose  to 
be  a  loyal  man,  to  accept  the  laws  of  the  United  States,  and  to  carry  out  all  proclamations 
and  requirements  of  the  President  of  the  United  States  in  good  faith."  I  said,  "Suppose 
we  examine  the  record  and  see.  There  is  one  thing  you  have  not  done ;  you  did  not  open 
your  church  on  Thanksgiving  day."  He  seemed  to  be  very  much  agitated  when  I  spoke 
about  that,  and  said,  "Why,  sir,  do  you  think  I  could  get  upon  my  knees  and  ask  God  to 
forgive  me  for  something  which  I  believed  to  be  right  ?"  Said  I,  "  That  is  the  point.  You 
are  as  big  a  rebel  to-day  as  you  ever  were.  You  are  simply  loyal  because  the  strong  arm  of 
the  government  makes  you  so."  And  that  is  the  general  feeling  with  all  the  leading  men  I 
have  conversed  with,  and  I  have  conversed  with  a  great  many. 

Question.  Has  there  been  great  destruction  of  property  in  your  district  during  the  war? 

Answer.  Yes,  sir,  very  ^reat. 

Question.  What  kind  ot  property  has  suffered  principally  ? 

Answer.  Agricultural  property,  live  stock,  and  mill  property. 

Question.  Have  you  ever  heard  anything  said  by  leading  men  in  your  neighborhood  about 
a  foreign  war  with  the  United  States  ? 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  29 

Answer.  Not  directly.  I  have  heard  it  intimated  that  if  such  a  thing  should  come  up, 
and  if  there  was  a  possible  chance  of  their  gaining  their  independence,  they  would  join  any 
power  to  accomplish  that  object. 

Question.  Have  you  heard  that  intimated  very  frequently  in  conversation? 

Answer.  Not  very  frequently.  They  do  not  intimate  it  unless  you  get  them  rather 
excited  and  warmed  up  in  conversation.  They  do  not  like  to  be  heard  saying  that,  particu 
larly  persons  who  have  taken  the  oath,  because  they  think  there  might  b'e  some  advantage 
taken  of  it. 

Question.  Could  a  jury  be  called  in  your  collection  district  which  would  convict  a  rebel  oi 
treason  for  making  war  against  the  government  of  the  United  States  ? 

Answer.  No,  sir,  it  could  not,  nor  could  there  be  one  selected  in  the  ordinary  way  to  give 
a  Union  man  any  justice. 

Question.  What  is  that  owing  to? 

Answer.  To  their  violent  prejudices  against  Union  men. 

Question.  Would  they  treat  men  from  the  free  States  in  the  same  way  in  your  courts  ? 

Answer.  Yes,  sir ;  I  think  they  wrould. 

Question.  How  would  they  treat  the  freedmen  ? 

Answer.  The  freedmen  would  have  no  show  of  justice  at  all,  not  a  particle. 

Question.  Do  they  seem  to  like  or  dislike  the  freedmen  as  such  ? 

Answer.  They  dislike  them  as  such.  Up  in  London  county  and  in  the  valley  they  have 
resolved  not  to  employ  the  freedmen. 

Question.  Are  there  associations  for  that  purpose? 

Answer.  Rather  neighborhood  association  of  that  kind.     I  know  of  several  such. 

Question.   How  are  they  going  to  get  their  work  done  ? 

Answer.  They  will  try  to  get  white  foreign  immigration. 

Question.  What  is  the  reason  of  that?  Is  not  work  done  by  a  negro  as  good,  in  their  esti 
mation,  as  that  done  by  a  white  man  ? 

Answer.  The  negro  being  free,  they  cannot  say  to  him,  as  they  used  to,  "Tom,  you 
must  do  this,  and  if  you  don't  I  will  give  you  a  cut."  They  cannot  talk  in  that  kind  of  way. 
They  say  they  have  raised  the  negroes,  and  have  fed  them  all  their  lives,  and  it  is  the  negro's 
duty  to  work  for  them. 

Question.  The  point  of  mortification  is  that  they  cannot  lawfully  whip  them  any  more? 

Answer.  Yes,  sir ;  that  is  it. 

Question.  They  regard  that  as  depriving  them  of  a  luxury  ? 

Answer.  Yes  ;  I  think  so.     I  have  seen  them  performing  it  as  if  it  was  a  luxury. 

Question.  Have  you  in  your  mind  any  particular  facts  which  you  wish  to  state  to  the  com 
mittee—any  facts  illustrating  your  views? 

Answer.  I  only  desire  to  say  this — that  unless  Congress  relieves  us  by  giving  us  some 
other  kind  of  government,  either  a  military  government,  or  some  other  government  that  will 
protect  the  Union  men,  the  firm  Union  men,  who  have  been  firm  to  the  government,  have 
got  to  leave  Virginia  and  the  south.  They  cannot  remain  there.  It  would  not  be  safe  for 
me  to  go  back  on  my  farm  and  reside  there. 

Question.  What  have  you  to  apprehend  ? 

Answer.  From  their  threats  I  apprehend  personal  violence. 

Question.  Are  such  threats  of  frequent  occurrence  ? 

Answer.  Very  frequent. 

Question.  You  are  a  Union  man  and  an  employe"  of  the  government? 

Answer.  Yes,  sir. 

Question.  Suppose  you  should  be  murdered  by  an  ex-rebel  out  of  revenge  and  from  dislike 
to  you  as  a  Union  man,  and  suppose  your  murderer  should  be  indicted  and  prosecuted  in  the 
proper  court  of  that  district,  and  a  jury  should  be  called  under  the  existing  laws  of  Virginia, 
have  you  not  grounds  to  suppose  that,  in  case  the  evidence  vras  plain  and  clear,  the  jury 
would  convict  that  man  ? 

Answer.  That  would  depend  upon  circumstances  very  materially.  If  the  case  was  very  plain 
and  clear,  and  there  was  no  possible  chance  to  cover  it  up,  the  jury  might  bring  in  a  verdict  of 
guilty,  but  it  would  be  very  pressing  circumstances  that  would  compel  them  to  do  it. 

Question.  Under  such  circumstances  you  would  rather  expect  that  they  would  render  a 
verdict  of  guilty,  if  the  evidence  was  plain  and  without  doubt  ? 

Answer.  Yes,  sir;  if  there  was  no  possible  chance  to  avoid  it.  I  have  seen  cases  tried 
there  similarly,  which,  to  me,  were  as  plain  as  the  sun  that  shines,  and  the  verdict  was  ren 
dered  quite  the  reverse. 

Question.  And  that,  you  suppose,  is  owing  to  the  prejudice  felt  generally  by  rebels  against 
Union  men  ? 

Answer.  Yes. 

Question.  Are  they  still  anxious  for  independence  of  the  national  government  ? 

Answer.  The  leaders  are,  all  of  them.  There  are  a  good  many  men  who  are  very  poor — 
reduced  almost  to  starvation — who  say  ' '  we  have  got  enough  fighting  ;  we  are  not  going  to 
fight  any  more."  But  hitherto  the  leaders  have  always  induced  them  to  do  what  they  wanted, 
and  they  will  probably  do  the  same  in  the  future. 

Question.  Has  the  material  prosperity  of  the  people  in  that  district  been  seriously  affected 
by  the  ravages  of  the  war  ? 


30  RECONSTRUCTION. 

Answer.  Yes,  sir;  the  valley  of  Virginia,  London  county,  Fairfax,  and  some  of  those 
counties,  have  been  very  materially  injured. 

Question.  Have  many  estates  been  coniiscated  under  the  laws  of  the  United  States? 

Answer.  There  were  a  good  many  seized,  but  the  proceedings  were  stopped  and  the  costs 
paid.  There  were  quite  a  good  many  estates  sold  in  Alexandria  and  some  in  Fairfax. 

Question.  What  would  be  the  effect  on  the  freedmen  if  the  Union  military  forces  were  re 
moved  ? 

Answer.  It  would  be  an  awful  affair.  It  would  be  something  which  I  have  not  language 
to  express. 

Question.  What  would  you  anticipate  ? 

Answer.  The  freedmen  would  be  reduced  to  take  just  what  compensation  their  employers 
chose  to  give  them,  and  the  latter  would  impose  such  penalties  upon  them  as  they  might 
deem  necessary.  The  result  would  be  really  the  annihilation  of  the  freed  men  in  a  short  time. 
It  would  not  take  a  great  while.  They  could  not  remain.  They  would  be  starved  to  death. 

Question.  How  would  it  be  in  reference  to  the  sick  and  aged  and  infirm  among  the  freed 
men  ?  Would  the  whites  be  willing  to  contribute  anything  for  their  support  ? 

Answer.  I  do  not  think  they  would. 

Question.  Would  they  leave  them  to  die  without  giving  them  a  helping  hand  ?  I  speak  of 
the  people  generally. 

Answer.  The  general  sentiment  among  the  leading  people,  I  think,  is,  that  they  would  re 
joice  if  the  freedmen  were  out  of  existence.  They  would  say,  "God  speed  them;  let  them 
get  out  of  the  way  as  soon  as  they  can." 

Question.  Why  do  they  feel  so  to  the  freedmen  ? 

Answer.  I  cannot  tell  you  the  reason  why.  They  feel  very  indignant  also  toward  the 
Union  men  who  had  been  living  among  them.  They  say  that  the  Union  men — the  northern 
fanatics — were  the  cause  of  their  failing. 

Question.  Why  should  they  detest  the  negro  so  bitterly? — he  has  been  passive  and  sub 
stantially  neutral. 

Answer.  That  is  true.  I  suppose  they  hate  him  because  he  was  the  cause  of  the  war,  and 
because  the  result  has  not  been  as  they  anticipated. 

Question.  Is  that  the  cause  of  their  deep  mortification  ? 

Answer.  I  expect  that  it  is ;  I  see  no  other. 


WASHINGTON,  January  31,  1866. 

Joseph  Stiles  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Alexandria  city.  I  am  a  citizen  of  Fairfax  county,  but  I  am  temporarily  re 
siding  in  Alexandria.  I  was  a  refugee  during  the  war,  and  have  not  gone  back  yet. 

Question.  Where  were  you  born  ? 

Answer.  In  Burlington  county,  New  Jersey. 

Question.  How  long  have  you  resided  in  Virginia  ? 

Answer.  About  twelve  years. 

Question.  Were  you  ever  a  slaveholder  ? 

Answer.  My  wife  had  an  interest  in  a  slave  estate,  but  I  never  became  fully  possessed  of  it. 

Question.  How  have  you  been  employed  during  the  war  ? 

Answer.  I  have  boen  in  the  military  service  of  the  government  as  a  guide  and  scout  and 
military  detective.  I  served  three  years  and  about  ten  months. 

Question.  That  was  rather  a  perilous  service,  was  it  not? 

Answer.  Yes,  sir,  sometimes. 

Question.  Relate  some  of  your  adventures. 

Answer.  I  left  my  home  in  Fairfax  county  the  Sunday  before  the  first  Bull  Run  battle,  and 
immediately  became  connected  with  the  army  in  that  capacity,  and  served  until  the  first  day  of 
June,  1864,  when  I  was  captured  by  the  rebels  and  served  a  short  term  in  Libby  prison.  I 
went  through  many  other  adventures  incident  to  that  business. 

Question.  How  long  did  you  serve  in  Libby  prison  ? 

Answer.  About  two  months. 

Question.  The  apprenticeship  was  sufficiently  long  for  your  comfort  ? 

Answer.  Yes,  sir,  plenty. 

Question.   How  did  they  treat  you  there? 

Answer.  The  treatment  was  bad,  but  I  fared  as  well  as  anybody  else.  They  were  not 
exactly  aware  of  my  business,  or  else  I  should  not  have  got  exchanged.  Since  my  discharge 
from  the  military  service,  I  served  a  short  time  as  deputy  United  States  marshal,  during 
which  time  I  travelled  over  some  few  counties  in  eastern  Virginia,  libelling  property.  I  met 
with  a  great  many  people,  and  talked  with  a  good  many  of  the  returned  soldiers  and  officers 
of  the  rebel  army,  and  with  a  good  many  citizens.  At  the  time  of  Lee's  surrender  the  feel- 


VIRGINIA NORTH    CAROLINA SOUTH   CAROLINA.  31 

i  ng  appeared  to  be  generally  th  at  they  were  glad  to  get  home ;  they  were  worn  out ;  they 
appeared  to  fear  confiscation,  taxation,  and  the  penalties  of  treason.  About  the  first  of  Sep 
tember  I  commenced  collecting  United  States  direct  taxes  in  Virginia,  and  since  that  time 
I  have  been  continually  out  in  the  counties  collecting,  and  have  met  with  a  great  many 
people.  I  find  the  sentiment  of  the  people  to  have  been  gradually  chan'ging  for  the  worse, 
in  my  opinion.  It  seems  to  me  that  the  rapid  promotion  of  rebels,  the  old  politicians,  to 
places  of  trust  and  honor,  has  had  a  great  tendency  to  render  treason  popular  instead  of 
odious.  It  appears  to  me  that  a  great  many  of  those  pel-sons  who  at  first  were  quiet  are  now 
beginning  to  talk  about  their  rights  again.  I  think  that  the  disloyal  feeling  of  the  people  is 
more  intense  now  than  it  was  immediately  after  the  surrender  of  Lee's  army. 

Question.  What  effect  has  the  liberal  policy  of  President  Johnson  in  granting  amnesty 
and  pardons,  and  restoring  property  that  was  confiscated,  had  upon  their  minds  ? 

Answer.  The  general  feeling  and  sentiment  of  the  people  appears  to  be  as  I  have  stated — 
getting  worse,  getting  more  unfriendly  to  the  government.  It  appears  to  me  that  the  leni 
ency  of  the  President  was  very  bad  for  the  Union  people.  Any  man  in  that  country  who 
sets  himself  up  as  a  candidate  for  office,  and  pretends  to  base  his  claim  upon  the  ground  that 
he  has  been  loyal  to  the  government  of  the  United  States,  would  be  considered  impudent — 
highly  so.  *  The  successful  candidates  for  office  all  base  their  claim  upon  the  ground  that 
they  have  been  positive  rebels,  and  that  they  fought  this  thing  out.  I  have  heard  them  boast 
that  they  were  in  the  army  until  the  surrender.  These  men  are  almost  universally  elected. 

Question.  -Do  they  appear  to  be  proud  of  the  part  they  have  acted  in  the  war  ? 

Answer.  Yes,  sir.  There  is  a  class  of  men  in  eastern  Virginia  who  are  good,  honest  peo 
ple.  They  are  tired  of  this  thing.  They  are  anxious  to  see  peace  and  quiet  restored  to  the 
country ;  but  unfortunately  that  class  of  people,  like  the  immigrants  from  the  north,  have 
very  little  to  say  in  the  reconstruction  of  affairs.  The  disappointed  politicians,  the  disap 
pointed  ex-rebel  officers,  who  were  slaveholders  and  wealthy,  and  who  mw  find  themselves 
in  a  poor  condition,  seem  to  take  the  lead  in  these  things,  and  it  has  often  occurred  to  me 
that  the  editors  and  politicians  were  using  the  United  States  mail  as  a  channel  for  commu 
nicating  matter  appealing  again  to  the  passions  and  prejudices  of  the  people. 

Question.  Have  you  any  ground  to  apprehend  another  outbreak  in  the  rebel  States? 

Answer.  No,  sir,  I  think  not.  But  it  looks  to  me  as  though  the  politicians  were  attempt 
ing  to  gain  by  political  intrigue  what  they  failed  to  secure  by  resort  to  arms.  If  they  can 
not  get  the  independence  of  the  confederacy,  they  will  try  to  get  all  the  control  they  can. 

Question.  Suppose  they  should  g«t  the  control  of  the  government  of  the  United  States, 
both  in  Congress  and  in  the  executive  branches,  how  would  they  use  their  power,  judging 
from  what  you  have  seen  and  heard  among  the  rebels  themselves  1 

Answer.  That  is  something  I  never  thought  of;  but  they  certainly  would  use  it  very  arbi 
trarily,  judging  from  what  they  do. 

Question.  From  what  you  have  seen  and  heard,  have  you  the  impression  that  the  masses 
of  the  rebel  people  have  any  respect  for  the  United  States  government,  or  for  the  loyal  peo 
ple  who  have  upheld  it  1 

Answer.  No,  sir.  I  think  there  is  a  majority  of  them  who  are  to  the  contrary,  decidedly 
so — especially  the  politicians  and  those  other  classes  I  referrel  to.  A  loyal  man,  especially 
one  who  has  been  actively  loyal,  stands  no  chance  of  a  show  of  justice  among  them  at  all. 
At  the  very  first  term  of  the  circuit  court  of  Prince  William  county,  indictments  were  found 
against  four  of  us  who  had  been  in  the  service  of  the  government.  I  believe  I  was  the  only 
one  in  the  actual  service  of  the  government;  but  the  other  three  were  refugees,  and  went  as 
volunteer  guides  upon  a  scouting  expedition  in  the  autumn  of  18b'3,  by  special  order  of 
Major  General  Heintzelman,  who  was  in  command  at  Washington.  It  was  a  scouting  ex 
pedition  in  pursuit  of  guerillas,  and  the  soldiers  on  that  occasion  took  from  a  man  who  was 
caught  running  the  blockade,  two  mules,  and  stole  some  of  his  chickens.  At  the  first  term 
of  the  circuit  court  this  man  went  before  the  grand  jury  and  made  a  statement,  and  they 
brought  in  a  bill  of  indictment  against  four  of  us.  I  wrote  to  the  clerk  of  the  court  for  inform 
ation  concerning  it,  and  he  informed  me  that  this  man  charged  me  with  being  present  with 
a  squad  of  soldiers  when  this  stealing  took  place  ;  but  still  this  reconstructed  grand  jury 
could  bring  in  an  indictment  on  that  information.  There  was  a  bench  warrant  issued  for 
my  arrest,  and  I  sent  them  word  where  I  was  and  to  come  and  arrest  me ;  that  they  would 
have  to  take  me  to  jail,  as  I  would  not  give  bail.  I  concluded  that,  if  the  military  authori 
ties  would  suffer  it,  I  would  see  what  it  would  result  in.  They  failed  to  come  and  arrest  me. 
I  suppose  they  thought  that  there  was  something  behind  by  my  sending  them  word.  There 
were  two  or  three  other  men  who  were  in  the  service,  and  who  were  arrested  since  on  the 
same  charge.  One  of  them  gave  bond  for  a  thousand  dollars  ;  the  other  t\vo  had  to  go  to 
jail.  The  one  who  gave  bond  came  to  General  Augur,  having  been  in  his  employment  be 
fore  ;  and  the  result  was,  General  Grant's  order  directing  military  division  and  department 
commanders,  whose  command  embraced  any  portion  of  the  seceded  States,  to  issue  and  en 
force  orders  prohibiting  civil  courts  from  prosecuting  any  person  who  had  been  in  the  em 
ployment  of  the  United  States  for  acts  done  in  the  service.  The  officials  of  the  county  of 
Prince  William  refused  to  release  these  two  men  at  first  on  that  order,  but  held  them  for  some 
time  on  the  ground  that  they  were  not  enlisted  men :  but  finally,  on  the  order  of  General 
Terry,  they  did  release  them.  I  was  indicted,  but  never  arrested.  I  suppose  the  indict- 


32  RECONSTRUCTION. 

ment  is  on  the  docket  yet,  and  that,  when  the  military  is  withdrawn,  it  will  be  renewed. 
Some  weeks  ago  I  heard  a  party  of  men  at  the  county  seat  of  Culpeper  county  remarking 
that  one  Smith  came  and  lived  on  their  land  and  then  joined  their  enemies  as  a  guide  to 
Kilpatrick.  One  of  them  remarked  that  Smith  had  killed  two  confederate  scouts.  A  young 
lawyer,  now  a  member  of  the  Virginia  State  senate,  advised  them  to  have  Smith  indicted 
and  tried  for  murder,  stating  that  they  could  convict  him. 

Question.  Has  that  been  attempted  ? 

Answer.  That  has  not  been  attempted  yet,  but  that  was  the  advice  which  this  member  of 
the  Virginia  State  seriate  gave.  It  almost  discourages  me,  after  fighting  four  years  and 
whipping  these -men,  to  be  placed  again  in  their  power,  and  be  sat  in  judgment  upon  by  these 
very  men.  By-the-by,  Moseby  was  engaged  to  assist  the  prosecuting  attorney  at  the  trial 
in  my  case. 

Question.  Where  is  Moseby  now  ? 

Answer.  He  is  at  Warrentou,  practicing  law.  It  occurred  to  me  that,  after  fighting  fonr 
years  and  still  feeling  need  of  protection,  I  had  better  leave  and  give  up  Virginia  ;  but  then, 
again,  it  occurred  to  me  that  they  could  make  a  requisition  for  me  as  a  fugitive  from  justice. 
Some  persons  have  looked  to  immigration  from  the  northern  Slates  into  the  south  to  neu 
tralize,  in  a  great  measure,  this  rebel  sentiment ;  but  unless  there  is  protection  given,  it 
never  will  be ;  and  if  these  State  governments  are  permitted  to  reconstruct,  and  to  go  on  in 
the  manner  they  are  going  on,  the  south  will  remain  a  nursery  of  treason.  The  rebels  say. 
"We  know  that  we  are  whipped  ;  we  are  overpowered  ;  but  we  hate  you,  and  we  will  teach 
our  children's  children  to  hate  you  !"  Their  favorite  expression  is,  "Every  dog  has  his  day, 
and  the  time  will  come,  some  time  or  other,  when  an  opportunity  will  present  itself  to  us." 

Question.  Is  that  feeling  very  general  ? 

Answer.  Yes,  sir. 

Question.  You  have  seen  evidences  of  it  wherever  you  have  been  in  Virginia  ? 

Answer.  Yes,  sir ;  especially  within  the  last  two  months. 

Question.  What  chance  does  a  Union  or  a  northern  man  stand  in  their  State  courts  ? 

Answer.  No  chance  at  all. 

Question.  Why  not  ? 

Answer.  The  popular  feeling  is  against  him  altogether,  and  he  has  it  all  to  butt  against. 
It  appears  to  me,  when  men  who  commit  treason  manifest  such  bad  faith  towards  the  len 
iency  shown  them,  there  is  no  show  for  justice  to  Union  men  in  any  case  that  affects  rebels. 

Question.  What  chance  does  a  freedman  stand  for  justice  at  their  hands  ? 

Answer.  As  a  general  thing,  he  does  not  stand  any  chance  for  justice  at  all.  You  may 
find  men  among  them  who  would  do  him  justice ;  but  they  are  too  few,  and  have  but  little 
to  say.1  I  found  lots  of  men  who  said  that  it  was  wrong  in  the  grand  jury  of  Prince  Wil 
liam  county  to  indict  me  ;  but  their  saying  so  did  not  have  any  effect ;  it  did  not  get  rid  of 
the  indictment  or  affect  public  sentiment  at  all. 

Question.  Do  you  think  there  is  generally  in  the  State  of  Virginia  a  willingness  to  have 
the  free  negroes  remain  among  them  ? 

Answer.  A  majority  of  the  persons  whom  I  have  heard  speaking  about  it  are  anxious  to 
have  them  sent  away. 

Question.  Where  do  they  propose  to  hare  them  sent  ? 

Answer.  I  have  not  heard  any  suggestion  as  to  the  place  where  the  government  should 
have  them  sent. 

Question.  WThy  do  they  want  to  have  them  sent  away  ? 

Answer.  I  have  not  heard  any  good  reason  advanced  for  it — anything  more  than  a  bitter 
ness  of  feeling  on  the  part  of  the  rebels  toward  the  negroes  because  they  cannot  control  them 
any  more. 

Question.  They  dislike  the  negroes  because  they  can  no  longer  control  them  by  force? 

Answer.  That  is  it.  I  find  a  very  strong  desire  to  get  rid  of  the  troops  also.  That  is 
very  prevalent,  as  far  as  I  have  been.  I  found  it  very  prevalent  among  all  persons  con 
nected  with  the  State  government. 

Question.  In  case  the  troops  were  withdrawn,  would  you  anticipate  scenes  of  violence 
and  riot  ? 

Answer.  Yes,  sir,  towards  loyal  men  and  frecdmen. 

Question.  Would  you  anticipate  the  expulsion  of  loyalists  from  Virginia  and  also  of  freed- 
meii? 

Answer.  Yes,  sir.  I  would  anticipate  the  expulsion  of  loyalists,  and  that  the  freedmon 
would  be  subjected  to  a  peculiar  kind  of  servitude  similar  to  the  kind  they  are  attempting  to 
bring  about  through  the  State  legislature.  I  have  heard  them  complaining  that  the  negro 
will  not  work. 

Question.  Is  there  any  foundation  for  that  complaint  ? 

Answer.  Some  of  the  negroes  will  work,  but  of  course  some  of  them  are  idle.  I  have  told 
a  good  many  of  these  rebels  that  they  were  standing  about  in  idleness  themselves,  finding 
fault  and  apparently  waiting  for  something  to  turn  up,  and  that  I  thought  the  negroes  were 
looking  on  following  their  example,  and  that  it  was  better  for  them  to  go  to  work  themselves 
and  set  a  good  example. 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  33 

'  Question.  If  they  paid  the  negro  fairly  for  his  labor,  would  he  not  work  as  willingly  as  the 
white  inan  ? 

Answer.  A  majority  of  them  would.  There  are  some  of  the  negroes,  of  course,  who,  be 
ing  suddenly  emancipated,  do  not  really  understand  it :  but  they  will  soon  come  into  it. 

Question.  Has  not  the  negro  a  strong  love  of  property  ? 

Answer.  Yes,  sir. 

Question.  They  love  money,  do  they  not  ? 

Answer.  Yes,  sir.  The  negroes  who  are  working  the  best  are  those  who  have  been  per 
mitted  heretofore  to  hire  their  own  time  and  go  around  and  work  for  themselves,  which  I 
think  proves  conclusively  that  when  they  have  an  opportunity  they  are  inclined  to  work  and 
take  care  of  themselves. 

Question.  Have  you  any  other  statement  that  you  wish  to  make  ? 

Answer.  None  that  occurs  to  me  at  this  time.  I  sincerely  hope  that  the  government  of  the 
United  States  will  not  resign  loyal  men  into  the  hands  of  these  people. 


WASHINGTON,  January  31,  1866. 
Jonathan  Roberts  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  What  is  your  official  position  ? 

Answer.  I  am  sheriff  of  Fairfax  county,  Virginia. 

Question.  How  long  have  you  been  sheriff  of  Fairfax  county  ? 

Answer.  Nearly  four  years.  They  elected  me  sheriff  when  we  reorganized  our  county, 
after  the  rebellion  broke  out.  They  re-elected  me  before  the  rebellion  burst,  and  my  time  is 
not  out  yet. 

Question.  Does  your  acquaintance  extend  much  beyond  that  county  ? 

Answer.  Not  minutely.     I  have  been  seventeen  years  a  resident  of  that  county. 

Question.  How  much  chance  is  there  for  a  Union  man  in  the  courts  of  that  county  who 
should  be  a  party  against  a  rebel  in  a  suit  ? 

Answer.  None;  not  so  far  as  justice  goes.  Let  me  qualify  that.  In  the  reorganization 
of  our  county  the  magistrates  who  were  elected  were  almost  all  Union  men,  and,  so  far  as 
they  go,  they  are  all  right ;  but,  when  we  come  to  a  jury,  we  have  to  take  the  masses  as  they 
come,  and  there  is  no  chance  at  all  for  justice. 

Question.  You  have  to  draw  your  jurors  by  lot  ? 

Answer.  Yes  ;  and,  since  the  surrender  and  coming  home  of  the  rebels,  there  is  less  chance 
for  getting  a  jury  who  will  act  justly. 

Question.  Could  you  gather  a  jury  in  Fairfax  county  that  would  convict  of  treason  one  or 
these  rebels  ? 

No,  sir. 

Question.  Could  you  pack  a  jury  in  that  county  that  would  do  it  ? 

Answer.  No,  sir.  I  have  no  means  of  packing  a  jury.  As  the  sheriff  of  the  county  I 
have  the  right  to  select  the  jurors  to  be  summoned,  and  then  a  jury  is  drawn  from  them  by 
lot.  Just  before  the  surrender  of  Lee  there  was  a  case  tried  of  a  returned  rebel  who  shot  a 
Union  man  at  Falls  Church.  I  endeavored,  not  particularly  to  get  all  Union  men,  but  to 
get  all  who  I  thought  would  do  right.  The  lawyers  for  the  defence,  however,  managed  to 
get  nine  out  of  twelve  rebels  on  the  jury.  The  evidence  was  just  as  plain  and  positive  as  it 
could  be — indeed,  the  facts  were  admitted;  and  yet  the  jury  brought  in  a  verdict  of  man 
slaughter,  with  one  year's  imprisonment.  Nine  of  them  went  for  acquitting  him  entirely  ; 
but  the  three  Union  men  would  not  agree  to  it,  and  finally  they  compromised  with  one  year's 
imprisonment.  If  it  had  been  the  other  way,  or  if  a  rebel  had  killed  a  rebel,  there  would 
have  been  no  doubt  at  all  about  his  conviction. 

Question.  How  large  a  proportion  of  the  people  of  Fairfax  county  are  Union  men  ? 

Answer.  I  suppose  we  have  twelve  hundred  votes  in  our  county,  and  I  do  not  suppose  we 
could  number,  with  the  returned  northern  men  and  all,  three  hundred  Union  votes,  all  told. 

Question.  Is  there  any  real  friendship  for  the  government  of  the  United  States  among 
these  rebels  ? 

Answer.  None  whatever  among  the  leading  rebels.  I  would  modify  that.  If  they  could 
get  the  power  that  they  had  before  the  rebellion  they  would  not  try  it  again  while  that  was 
the  case.  But  they  hate  the  Yankees,  as  they  call  all  northern  men,  and  while  the  govern 
ment  of  the  United  States  is  in  the  control  of  northern  men,  or  Union  men,  they  will  hate  it, 
and  they  do  hate  it,  and  do  everything  they  can  to  injure  it. 

Question.  What  has  been  the  effect  of  President  Johnson's  liberal  policy  in  granting  par 
dons  to  rebels  and  restoring  their  estates  to  them  ? 

Answer.  We  think,  down  there,  and  I  think,  that  it  has  been  bad.  As  soon  after  the  sur 
render  of  Lee  as  the  rebels  could  get  home  they  all  seemed  to  be  perfectly  satisfied  with 
everything.  So  as  they  only  got  home,  they  were  glad  enough  to  submit  to  anything.  They 
would  shake  hands  with  the  Union  men  and  be  as  clever  as  you  pleased.  But  leading  men 

3 — V  NC  SC 


34  RECONSTRUCTION. 

got  their  pardons,  and  then  they  began  to  sue  Union  men  for  everything  they  cottld  get 
hold  of.  A  returned  rebel,  who  was  taken  prisoner  for  shooting  our  pickets  up  at  Fauquier 
county — an  old  slave  trader — came  back  and  sued  me,  as  sheriff,  for  property  which  I  was 
put  in  possession  of  for  the  benefit  of  the  court.  I  was  put  in  possession  by  an  order  from 
the  Secretary  of  War.  He  sued  me  as  a  trespasser  the  minute  he  got  buck.  If  it  was  to  go 
on  to  a  trial  they  would  convict  me. 

Question.  You  have  resorted  to  some  means  to  stop  it  ? 

Answer.  Yes  ;  that  is  good  while  the  military  are  there,  but  will  not  protect  me  one  hour 
after  the  military  are  taken  away. 

Question.  Are  you  a  native  of  Virginia? 

Answer.  No,  sir,  I  am  a  native  of  New  Jersey.  I  have  been  in  Virginia  for  seventeen  or 
eighteen  years.  I  went  there  in  1848. 

Question.  How  do  they  feel  toward  the  freedmen? 

Answer.  Some  have  a  liberal  feeling  toward  them,  but  the  great  majority  of  them  are  very 
bitter,  just  because  they  have  been  liberated.  Many  of  them  who  used  their  slaves  pretty 
well  before  are  very  bitter  now.  They  want  to  drive  them  away,  and  do  everything  they 
can  to  drive  them  away,  to  make  the  government  odious  for  freeing  them. 

Question.  Could  they  easily  supply  their  places  as  laborers  ? 

Answer.  They  could  not. 

Question.  What  are  they  going  to  do  for  laborers  ? 

Answer.  They  seem  to  be  reckless  of  consequences. 

Question.  Is  it  a  species  of  blindness? 

Answer.  Yes,  sir ;  it  is  a  kind  of  mania  that  has  possession  of  them  ;  it  seems  to  be  their 
old  prejudice,  and  the  result  of  blasted  hopes  and  blasted  doings.  That  seems  to  be  the 
definition.  You  asked  me  whether  Union  men  would  be  protected  and  allowed  to  live 
quietly  if  the  troops  were  withdrawn.  I  have  got  one  thing  to  say  in  that  respect.  If  it 
was  known  publicly  that  I  came  here  and  made  this  statement  before  you,  I  would  not  be 
safe  one  hour.  There  is  evidently  a  band  of  people  secretly  bound  among  themselves  to  be 
true  to  each  other,  and  to  do  all  the  injury  they  can  to  Union  men.  There  are  plenty  of 
horse-thieves  over  there.  They  steal  horses  and  cattle,  and  there  is  no  convicting  them  be 
cause  they  are  bound  together ;  and  if  one  undertakes  to  blab  upon  another,  some  of  the 
party  will  shoot  him.  That  was  the  case  there  recently,  where  a  man  named  Sexton  was 
shot. 

Question.  Do  you  suppose  there  is  a  secret  association  among  them  to  protect  each  other? 

Answer.  I  have  no  doubt  of  it  at  all  This  Mr.  Sexton,  who  was  shot  at  Herndon  the 
other  day  by  McDonald,  one  of  the  gang,  stated  upon  his  dying  bed  that  he  was  shot  to 
prevent  his  giving  evidence  against  them  for  horse-stealing. 

Question.  How  do  they  feel  in  regard  10  the  war  debt  of  the  United  States  ? 

Answer.  I  do  not  know  that  I  can  say  much  about  it,  only  from  what  I  learn  from  the 
newspapers,  &c.  They  would  hate  most  to  pay  this  direct  tax ;  but,  as  a  war  debt,  I  do 
not  know  that  I  have  heard  much  said  about  it.  My  brother-in-law,  who  is  United  States 
assessor  at  Richmond,  tells  me  that  they  talk  down  there  as  if  they  would  like  to  pay  their 
own  war  .debt,  but  they  do  not  like  to  pay  Uncle  Sam's.  I  have  heard  but  little  of  it,  ex 
cept  in  newspaper  editorials. 

Question.  Do  you  think  that  the  general  sentiment  is  that  they  would  repudiate  the  federal 
war  debt,  if  they  had  the  power  to  do  so  ? 

Answer.  There  is  not  a  particle  of  doubt  about  that. 

Question.  Do  you  think  they  would  consent  to  assume  to  pay  the  debt  of  the  confederate 
government  if  they  had  the  opportunity? 

Answer.  There  might  be  some  who  would  object  to  it,  but  the  leading  men — those  who 
would  control  things — would  pay  it.  There  is  no  doubt  of  it. 

Question.  Would  the  rebels  join  a  foreign  enemy  in  case  of  a  war  between  this  country 
and  a  foreign  power? 

Answer.  I  do  not  think  they  would  like  to  join  England.  They  are  sore  upon  England. 
I  think  they  would  willingly  join  with  France,  and  that  they  would  jump  at  the  chance  of  a 
war  with  Mexico.  The  rank  and  file  do  not  want  to  go  to  war,  but  they  are  completely  under 
their  leaders.  They  do  not  talk  much,  but  I  can  hear  them  saying,  once  in  a  while,  "  We 
are  biding  our  time;  we  are  only  just  subjugated  at  present;  we  are  not  whipped  ;  we  are 
only  overpowered;  we  will  be  at  it  again  one  of  these  days;  we  will  bide  our  time" — and 
such  expressions  as  these. 

Question.  It  appears  to  be  not  a  state  of  contenteduess  under  the  government  of  the 
United  States  ? 

Answer.  None  whatever.  If  you  knew  the  southern  character  as  well  as  I  do,  you  would 
confess  that  there  is  nothing  but  force  will  make  them  yield.  You  cannot  coax  them.  They 
respect  force,  and  nothing  else.  They  are  educated  to  it.  One  class  is  educated  to  drive, 
and  another  to  be  driven,  and  they  do  not  believe  in  anything  else.  Law  they  do  not  respect 
for  its  moral  obligations  ;  but,  if  they  can  do  anything  which  the  law  cannot  absolutely  take 
hold  of;  if  they  can  just  manage  to  steer  clear  of  the  law,  they  will  do  it.  If  they  have  a 
grudge  against  a  man,  they  will  plan  all  manner  of  schemes  to  gratify  their  grudge  in  a  man 
ner  that  the  law  will  not  get  hold  of  them.  They  will  get  drunk  and  to  quarrelling  with  a 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  35 

man  that  they  have  a  spite  against,  so  that  they  may  not  appear  to  be  malicious  in  the 
matter. 

Question.  In  their  personal  resentments  are  they  perfidious  ? 

Answer.  They  are  really  nothing  but  perfidy. 

Question.  Are  they  revengeful  ? 

Answer.  They  are  especially  revengeful  just  as  tar  as  they  think  they  can  escape  the  law. 
Before  the  war,  when  northern  men  went  there,  they  would  be  glad  to  receive  them,  and  get 
their  money;  and  as  soon  as  they  got  their  money  they  seemed  to  take  a  delight  in  banding 
together  and  injuring  them  as  much  as  they  could — in  contriving  to  cheat  them,  and  then 
drive  them  away.  That  seemed  to  be  a  systematic  thing.  All  the  northern  people  of  that 
county  will  tell  you  the  same  thing.  I  was  a  little  isolated  when  I  went  there,  and  yet  they 
would  come  and  tear  down  my  fences,  and  turn  in  their  hogs  and  stock,  and  do  all  they 
could  to  injure  me.  The  Union  men  will  have  no  kind  of  show  at  all  unless  the  government 
will  protect  them. 

Question.  You  would  advise  the  continuance  of  the  military  force  there? 

Answer.  The  Union  men  cannot  stay  there  unless  the  military  force  is  continued. 

Question.  And  also  the  Freedmen's  Bureau  1 

Answer.  I  would.  We  are  not  going  to  have  any  safety  under  our  present  State  organi 
zation.  I  say  that  although  I  am  a  sheriff,  sworn  to  sustain  the  reorganized  government, 
yet  I  do  not  believe  that  it  is  reorganized  while  rebels  control  it.  They  are  now  passing 
laws  there  to  disfranchise  men  who. have  been  voters  there.  They  are  passing  vagrant  laws 
on  purpose  to  oppress  the  colored  people  and  to  keep  them  in  vassalage,  and  are  doing  every 
thing  they  can  to  bring  back  things  to  their  old  condition,  as  nearly  as  possible. 


WASHINGTON,  D.  C.,  January  31,  1866. 
Charles  R.  Joyce  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Alexandria. 

Question.  What  are  you  by  profession  ? 

Answer.  Machinist  and  engineer. 

Question.  How  long  have  you  resided  in  Alexandria  ? 

Answer.  Fifteen  years. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir ;  I  am  a  native  of  Maryland. 

Question.  How  extensive  is  your  acquaintance  in  the  State  of  Virginia-? 

Answer.  Nothing  outside  of  Alexandria;  I  have  never  been  further  in  Virginia,  than 
Gordonsville. 

Question.  Have  you  taken  any  part  in  the  late  war  ? 

Answer.  At  the  beginning  of  the  war  I  was  nine  months  in  the  volunteer  navy  as- engi 
neer  on  board  of  one  of  the  transports  ;  she  was  afterwards  taken  by  Admiral  Goldsborough 
as  his  flag-ship.  I  was  at  the  battles  of  Roanoke  Island  and  Newbern  ;  I  was  taken  sick 
with  typhoid  fever  and  sent  home  and  got  discharged.  I  afterwards  went  to  work  for  the  gov 
ernment  at  the  depot  of  the  military  railroad  ;  I  have  been  to  work  for  the  government  during 
the  Avar  up  to  the  13th  of  November  last. 

Question.  What  is  the  feeling  of  the  people  of  Virginia  in  regard  to  the  government  of 
the  United  States  ? 

Answer.  I  believe,  from  the  intercourse  I  have  had  with  themT  that  they  are  opposed  to  the 
government ;  not  all  of  them,  however  ;  there  are  a  few  Union  men  in  Alexandria,  but  those 
rebels  who  have  come  back  since  the  war  are,  I  believe,  as  strong  if  not  stronger  against 
the  Union  than  they  were  when  they  went  away. 

Question.  Your  acquaintance  does  not  extend  much  beyond  Alexandria-? 

Answer.  No,  sir. 

Question.  Have  you  any  acquaintance  with  the  leaders  of  the  rebellion  in  Virginia  ? 

Answer.  Nq,  sir;  except  with  some  men  who  went  away  from  Alexandria,  officers  of  com 
panies. 

Question.  What  effect  has  the  liberality  of  President  Johnson  in  regard  to  pardons  and 
amnesties  had  upon  the  minds  of  the  rebel  population,  so  far  as  you  have  been  able  to  ob 
serve  it? 

Answer.  I  think  if  a  different  course  had  been  pursued  they  would,  have  been  a  different 
people. 

Question.  Different  what  way — better  or  worse  ? 

Answer.  I  think  they  would  have  been  better  ;  I  think  there  has  been,  too  much  leniency 
used  ;  I  think  the  government  has  extended  too  much  leniency  towards  them. 

Question.  What  particular  eifect  has  that  leniency  produced  upon  them.? 


36  RECONSTRUCTION. 

Answer.  It  has  made  them  more  defiant.  It  looks  to  me  as  if  they  thought  the  govern 
ment  was  afraid  of  them,  and  was  pursuing  this  course  to  conciliate  them. 

Question.  Is  there  any  particular  fact  on  your  mind  which  you  desire  to  state  to  the  com 
mittee  ? 

Answer.  No,  sir ;  my  opinion  is  that  if  the  rebels  should  get  control,  they  would  proscribe 
the  Union  men  politically  and  socially. 

Question.  In  such  an  event,  would  you  stand  in  fear  of  violence  on  the  part  of  ex-rebels  ? 

Answer.  Yes,  sir ;  they  threatened  to  drive  me  out  of  the  town  at  the  commencement  ot 
the  war;  they  sent  me  word  if  I  was  not  careful  of  how  I  talked  they  would  drive  me  out  of 
town;  but  I  defied  them,  and  they  never  bothered  me. 


WASHINGTON,  February  1,  1866. 
J.  J.  Henshaw  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside? 

Answer.  Lovettsville,  London  county,  Virginia. 

Question.  How  long  have  you  resided  there  1 

Answer.  I  have  resided  there  since  1856,  with  the  exception  of  being  absent  from  the  28th 
of  June,  1863,  uutil  the  4th  of  July  last.  I  was  necessarily  compelled  to  be  absent  during 
that  time  in  consequence  of  the  rebellion. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  I  am  ;    I  was  born  in  the  county  of  Frederick,  Virginia. 

Question.  What  is  your  occupation  ? 

Answer.  I  am  a  practicing  physician. 

Question.  How  extensive  is  your  acquaintance  throughout  the  State  of  Virginia  ? 

Answer.  Not  very  extensive ;  I  have  been  in  Richmond  as  a  member  of  the  legislature  last 
spring — I  mean  the  loyal  legislature  that  went  from  Alexandria.  I  was  called  there  on  that 
extraordinary  session,  and  was  there  three  days;  I  have  never  been  in  Richmond  before. 
Some  years  ago  I  travelled  the  whole  length  of  the  Sheuaudoah  valley,  but  I  cannot  say  that 
I  know  much  about  the  country  or  the  people  now,  of  course. 

Question.  From  your  knowledge  and  information,  what  is  the  general  feeling  of  the  rebel 
people  in  London  county  towards  the  government  of  the  United  States  ? 

Answer.  In  the  precinct  where  I  reside  we  had  but  very  little  disloyalty  ;  we  have  about 
375  voters,  at  the  lowest  estimate,  and  there  are  not  twenty-five  rebels  anioug  them,  all  told. 
Consequently,  there  being  so  few  rebels  in  that  particular  locality,  they  are  very  quiet,  and, 
generally  speaking,  conduct  themselves  very  well.  I  have  noticed  this  difference :  Before  I 
left  the  State,  in  the  spring  of  1863,  my  own  warmest  friends  and  most  intimate  associates 
were  rebels,  who  had  belonged  to  the  whig  party  generally  before.  Since  I  went  back,  with 
the  exception,  I  think,  of  three  families  that  I  have  met  in  the  outskirts  of  my  ride,  I  have 
not  been  invited  to  call  and  see  one  of  my  old  friends. 

Question.  Do  you  mean  professionally  ? 

Answer.  No,  sir  ;  socially. 

Question.  Have  you  been  called  professionally  among  them? 

Answer.  Only  in  my  immediate  vicinity  ;  there  I  practice  among  them  as  well  as  among 
others. 

Question.  Have  you  been,  uniformly,  a  Union  man  yourself? 

Answer.  Yes,  sir ;  all  the  time. 

Question.  You  never  have  rendered  any  service  to  the  rebel  confederacy  ? 

Answer.  None ;  and  in  consequence  thereof  I  had  to  leave  ;  I  was  compelled  to  leave  or 
report  to  General  Jones,  at  Charlestown,  on  the  28th  June,  1863. 

Question.  Who  was  General  Jones  ? 

Answer.  A  rebel  general.  The  rebels  were  then  on  the  raid  into  Maryland,  and  I  was 
captured  and  notified  to  meet  my  captors  the  next  evening-  or  morning,  at  a  certain  point,  to 
go  with  them  to  Charlestown.  I  of  course  did  not  meet  them,  but  crossed  the  Potomac  river 
into  Maryland. 

Question.  How  were  you  treated  by  the  rebels  into  whose  hands  you  fell?  j* 

Answer.  They  gave  me  time  to  report  at  a  certain  place  and  to  go  with  them  to  the  gen 
eral  ;  but  I  left  the  State  and  did  not  go  back  to  remain  there  until  the  4th  of  July  last. 

Question.  What  is  the  feeling  on  the  part  of  the  rebel  population  where  you  are  acquainted 
towards  the  government  of  the  United  States  ? 

Answer.  As  far  as  I  am  capable  of  judging,  they  are  as  hostile  to-day  to  the  government  of 
the  United. States  and  to  the  loyal  people  of  the  State  of  Virginia  as  they  ever  were.  There 
may  be  a  few  honorable  exceptions,  but  they  are  very  few. 

Question.  Are  there  many  among  them  who  have  been  pardoned  by  the  President? 

Answer.  There  are  some  in  our  county. 

Question.  What  kind  of  feeling  do  they  manifest? 

Answer.  I  have  not  met  with  them  at  all,  and  cannot  tell  what  their  feeling  may  be. 


VIRGINIA —NORTH    CAROLINA — SOUTH    CAROLINA.  37 

Question.  What  effect  has  generally  been  produced  on  the  minds  of  ex-rebels  by  the 
liberality  of  the  President  in  granting:  pardons  and  amnesties  ;  how  do  they  regard  that  policy, 
and  what  effect  has  it  had  upon  their  hearts  and  conduct? 

Answer.  That  would  be  a  very  difficult  question  for  me  to  answer,  and  it  is  a  little  deeper 
in  than  I  am  able  to  see.  But,  if  I  am  to  judge  from  what  I  hear,  they  do  not  appreciate 
the  kindness  of  the  government  at  all,  or  only  so  far  as  it  may  serve  their  purpose. 

Question.  Do  you  think  that  that  policy  has  had  a  tendency  to  quiet  their  feelings  and  rec 
oncile  them  to  the  authority  of  the  United  States? 

Answer.  It  should  have  had. 

Question.  But  does  it  have  according  to  your  observation? 

Answer.  I  do  not  think  I  can  say  it  has. 

Question.  You  have  mingled  among  them  to  a  large  degree  since  you  went  back  ? 

Answer.  Yes,  sir;  with  the  few  that  wre  have  in  our  neighborhood. 

Question.  State  whether,  in  speaking  of  the  United  States  and  its  government,  they  are  in 
the  habit  of  using  expressions  of  respect  for  it  or  of  contempt,  or  dislike  ? 

AnsAver.  I  do  not  know  that  I  can  say  that  I  have  heard  one,  since  I  have  been  back,  speak 
ing  disrespectfully  of  the  government ;  I  do  not  know  that  I  have. 

Question.  Is  there  any  other  fact  which  you  want  to  'state  to  the  committee  ? 

AnsAver.  If  I  am  only  to  state  mainly  what  I  am  an  eye-witness  to  I  do  not  believe — 

Mr.  HOWARD.  You  can  state  Avhat  you  hear  from  credible  sources  of  information. 

Answer.  I  Avill  state  a  circumstance  that  I  have  from  unquestionable  authority,  from  some 
young  men  Avith  whom  I  was  Avell  acquainted  AA-hen  a  refugee  and  Avho  have  since  gone  back 
to  their  homes  in  Fauquier  county.  These  men  have  been  loyal  and  respectable,  and  they  as 
sure  me  that  they  got  this  information  through  Mosby's  men — that  Mosby  had  notified  them 
to  hold  themselves  in  readiness.  His  words  were :  "Boys,  hold  yourselves  in  readiness,  for  it 
will  not  be  more  than  tAvelve  months  until  I  Avantyou  again." 

Question.  What  are  the  names  of  the  persons  who  gave  you  this  information  ? 

AnsAver.  John  E.  Fletcher,  William  H.  Fletcher,  and  Marion  Fletcher,  three  brothers  with 
AAThom  I  Avas- well  acquainted  when  north  of  the  Potomac.  They  got  it  from  members  of 
Mosby's  gang.  I  do  not  knoAv  a  better  man  than  John  E.  Fletcher  to  be  summoned  before 
your  committee. 

Question.  Do  you  get  this  statement  from  Mr.  Fletcher? 

AnsAver.  Yes,  sir. 

Question.  And  he  told  you  that  some  of  Mosby's  men  had  made  this  statement  in  his  pres 
ence  ? 

AusAver.  Yes,  sir. 

Question.  Does  Mr.  Fletcher  live  in  Lovettsville  ? 

AnsAver.  No,  sir;  his  post  office  is  Middleburgh,  London  county.  He  liA-es  on  the  road 
from  Middleburgh  to  Upperville.  I  Avill  relate  another  incident  to  the  committee.  I  Avas  in 
timately  acquainted  with  a  lad^  in  our  county  before  the  Avar;  and  since  the  AA~ar,  although 
she  is  an  aA'owed  rebel,  I  am  still  on  intimate  terms  Avith  her.  She  assures  me  that  she  is  as 
much  a  rebel  to-day  as  she  ever  was ;  and  also  assures  me  that  those  who  have  taken  the  oath, 
so  far  as  she  knoAvs,  are  just  as  much  rebels  to-day  as  before  they  took  it.  Her  husband  was 
a  rebel  during  the  Avar. 

Question.  What  do  they  think  of  the  constitutional  right  of  secession  ? 

AnsAver.  I  do  not  think  that  they  consider  that  their  State  rights  or  anything  of  that  sort 
haA'e  been  impugned.  They  have  been  overpoAvered,  but  they  were  right  neArertheless.  What 
they  claimed  and  Avhat  they  struck  for  they  Avere  entitled  to,  and  are  entitled  to  yet.  That 
seems  to  be  their  impression.  I  do  not  think  you  can  find  one  of  them  AA^ho  AA'ill  admit  that 
he  AA-as  wrong  in  sustaining  the  rebellion  and  in  making  Avar  upon  the  government. 

Question.  HaAre  you  any  reasonable  ground  for  supposing  that  there  are  combinations  or 
conspiracies  anywhere  in  the  rebel  States,  in  Virginia  or  elsewhere,  having  in  vieAV  the  re- 
neAval  of  the  Avar,  the  overthrow  of  the  government  of  the  United  States,  or  the  independence 
of  the  rebel  confederacy  ? 

AnsAver.  I  haA^e  never  been  induced  to  think  anything  of  the  sort  until  very  recently ;  and 
my  reason  for  thinking  now  that  there  may  be  something  of  the  sort,  is  the  manner  in  which 
the  rebels  and  the  disfranchised  portion  of  the  people  of  Virginia  seem  to  be  disposed  to 
act.  We  are  kept  in  the  dark  entirely  as  to  anything  of  that  sort ;  Ave  can  only  get  at  it  by 
accident,  if  at  all.  But  if  you  would  refer  to  the  acts  and  speeches  of  that  rebel  legislature 
at  Richmond,  you  would  see  that  they  either  Avish  the  government  of  the  United  States  to 
destroy  the  State  of  Virginia,  or  are  determined  to  let  the  government  of  the  United  States 
see  that  they  Avill  have  things,  and  do  things,  and  say  things,  just  as  they  choose,  whether 
loyal  or  disloyal. 

Question.  Is  that  a  very  general  feeling  among  them  ? 

AnsAver.  I  think  it  is  almost  unanimous.  We  have  a  member  of  the  senate  in  the  legisla 
ture  from  our  county  ;  I  look  upon  him  as  a  loyal  man.  I  asked  him  the  question  recently, 
"How  do  you  got  along  with  these  fellows.'"  He  says,  "Oh,  very  smoothly."  1  then 
asked  him  about  the  elective  franchise,  and  about  the  proposition  to  require  any  one  immi 
grating  into  the  State  of  Virginia  to  remain  there  five  years  before  he  could  exercise  the  right 
of  a  citizen.  "Oh,  "  says  he,  "that  Avill  not  pass."  "Well,"  says  I,  "  they  have  got  a  bili 


38  RECONSTRUCTION. 

up  of  that  kind."  That  is  one  of  the  best  indications  I  have  seen  from  any  quarter  of  the 
direct  hostility  of  that  part  of  the  State  of  Virginia  to  the  government  of  the  United  States — 
that  five  years'  bill. 

Question.  Why  did  he  think  it  would  not  pass  ? 

Answer.  I  did  not  ask  him.  I  just  met  him  on  the  road  as  I  was  going  home,  and  he  did 
not  enter  into  any  particulars  in  reference  to  it. 

Question.  What  do  you  suppose  to  be  the  animus  of  that  bill,  of  which  you  have  spoken, 
requiring  five  years'  residence  to  enable  one  to  vote  in  Virginia? 

Answer.  My  supposition  is,  that  it  is  designed  to  keep  northern  men — intelligent  working 
men — from  immigrating  into  the  State  of  Virginia,  and,  at  the  same  time,  to  prevent  those 
who  left  the  State  and  went  north,  and  took  part  against  the  rebellion,  from  exercising  their 
rights  as  citizens  when  they  come  back,  because  they  have  lost  their  residence  in  Virginia